The complainant’s case in brief is as follows: The complainant is managing a business establishment by name Furniture Plus for livelihood. He is a consumer of the respondents vide consumer No.13402. The complainant was paying the electricity charges as per the meter reading. He has already paid the spot bills from 25.5.03 to 2.6.06. The complainant had not consumed any excess electricity and no arrears are pending against him. But the respondents have issued a notice dt. 7.6.06 to pay Rs.1,17,490/- as arrears of electricity charges. On the reverse side of the notice it was written that the arrears comes to Rs.1,33,943/- including penal interest of Rs.16,448/- and late fee of Rs.5/-. The amount shown is without any basis or the meter reading and also the amount is time barred. Hence the complainant is not liable to pay the bill amount. Hence the complaint.

            2. The counter is as follows: The electricity connection is under Commercial Tariff and the electricity connection is used to business. So the complainant is not a consumer and the complaint is not maintainable. The amount is not time barred vide the judgement in AIR 1997 SC 1101, 2006(1) KLJ 440. Hence the respondents have legal right to collect the dues. The amount shown is for the energy consumed by the complainant and the complainant is liable to pay the amount. Hence dismiss the complaint.

 

            3. The points for consideration:

(1)   Is the complainant maintainable?

(2)   If so, is the complainant liable to pay the Ext. P1 notice amount?

(3)   Other reliefs and costs.

 

            4. The evidence consists of Exts. P1, P2 and P3 series.

 

            5. Point No.1: The complainant’s case is that he has been paying the electricity charges as per the bills and no arrears are pending against him. He has already paid the electricity charges from 25.5.03 to 2.6.06 as per the spot bills. But the respondents issued the Ext. P1 notice to pay arrears amounting to Rs.1,14,440/- and penal interest amounting to Rs.16,448/-. Since no arrears are pending against him the complainant is liable to pay the electricity charges as per Ext. P1 notice. The counter is that the electricity connection in question is under commercial tariff and the complainant is using the electricity connection for commercial purpose and so the complainant is not a consumer and the complaint is not maintainable. The complainant has stated that he is running the business for livelihood. But the respondents contended that complainant is running the business for commercial purpose and the electricity connection is under VII A Tariff, which is commercial tariff. The complainant did not adduce any evidence to show that he is running the business stated in the complaint for livelihood and by means of self-employment. Since there is absence of evidence to disprove the “commercial” contention of respondents the complainant does not consider as consumer and the Forum lacks jurisdiction to entertain the complaint.

            6. In the result, complaint is dismissed.