Adv. For the Complainant: -  S.P. Chhuria  & C.S. Mishra

Adv. For O.P                         :-  Self

Date  of filing of the Case  :-  07.12.2019

Date of Order                       :- 13.05.2020

JUDGMENT

Sri A.K.Purohit, President                                             

          Both parties are absent on call. Perused the pleadings of the parties, Xerox copy of documents available on record. Both the complainants have preferred this case jointly claiming same interest in the case. The complainant having its hotel in the name and style of M/S Hotel Paradise (new) has taken electricity connection from the O.Ps. for their hotel business. The complainant alleges that although the electricity tariff for their hotel is coming under the Industrial tariff category the O.Ps. have arbitrarily and without any valid reasons have charged the electricity charges under commercial tariff. Hence the complaint.

        Although notice has been served on the O.P.2 neither he appears nor has proceeded with the case and hence he was set experte vide order dated 22.1.20. The O.P.1 besides preliminary objection has denied the complainant’s allegations.

          Admittedly the complainant avail the service of the O.P. for his hotel which is a commercial unit and the complainant is earning profit out of the said business. Hence the service availed by the complainant is for commercial purpose. Accordingly the consumer complaint is not maintainable. Although the complainant has pleaded that the said business is for self employment the complainant has not produce any evidence to that effect. Further there is no evidence on record to show that, both the complainants are unemployment and both have agreed to start a joint business for their self employment hence the said pleading of the complainant is not believable.

           Further the complainant has prayed for change of tariff category and for exemption of bill amount which requires a detailed examination of evidence and documents which is not possible in a summery procedure and hence the case of the complainant is not maintainable.

            Since the case is not maintainable it is not necessary to discuss on merits of the case.

            Accordingly the case of the complainant is dismissed.

          Pronounced in the open Forum  to-day  i.e the  13^th  day of   May ’  2020.

                    Sd/-                                                                                         Sd/-              

               ( S. Rath)                                                                        ( A.K. Purohit)        

               Member                                                                             President