29th day of November 2014
CC.603/12 filed on 7/12/12 and CC.163/13 filed on 1/4/13
CC.603/12
Complainant : Nehru College of Educational & Charitable Trust,
Pambadi, Thiruvilwamala, Thrissur, rep. by Managing
Trustee, P.Krishnadas.
(By Advs. Dini Girish Mohan & Suchithra.C, Thrissur)
Respondents : 1. Asst. Engineer, KSEB, Electrical Section Office,
Thiruvilwamala, Thrissur.
2. KSE Board, rep. by Secretary, Pattam,
Thiruvananthapuram.
(By Adv. K.N.Santhosh, Thrissur)
CC.163/13
Complainant : Nehru College of Educational & Charitable Trust,
Pambadi, Thiruvilwamala, Thrissur, rep. by Managing
Trustee, P.Krishnadas.
(By Advs. Dini Girish Mohan & Suchithra.C, Thrissur)
Respondents : 1. Asst. Engineer, KSEB, Electrical Section Office,
Thiruvilwamala, Thrissur.
2. KSE Board, rep. by Secretary, Pattam,
Thiruvananthapuram.
(By Adv. K.N.Santhosh, Thrissur)
ORDER
By Smt.Padmini Sudheesh, President
Both the complaints are filed by Managing Trustee of Nehru College of Educational and Charitable Trust Thrissur, against KSEB for cancellation of electricity bills issued by respondents. The respondents filed their version and challenged the maintainability of the cases before the Forum. According to complainant the complainant institution is an educational institution working under a charitable trust and the aim is service only. The course conducting by the institution stated as various Engineering courses, MBA, MCA, Pharmacy etc. There are hostel facility for boys and girls also. In CC.163/13 the bills issued for Rs.1,01,219/- and Rs.1,22,198/-. In CC.603/12 the bill amount under challenge comes to Rs.14,19,321/-.
2. The respondents filed a detailed version by challenging the maintainability of the complaint before the Forum. It would say that bill under Section 126 of Indian Electricity Act cannot be challenged before Consumer Forum. There are the rulings of Hon’ble Supreme Court and High Court of Kerala also quoted by respondents to give emphasis to their contention of non-maintainability of the complaint before the Forum.
3. According to respondents the complainant institution is a self finance educational institution and the prime purpose is profit making and not doing any charities. It can be seen that complainant institution is not doing any philanthropic activities. But a self finance institution. The purpose of self finance educational institution is not a concealed one. There are several institutions under the complainant institution and is not at all a consumer to file consumer complaint before Consumer Disputes Redressal Agencies. The main motive, intention and aim of these kind of institutions is profit making only. So it is found that the complaints are not maintainable before the Forum and is liable to be dismissed at this juncture. The complainant can very well approach other authorities to seek remedies.
4. In the result both the complaints are dismissed. The complainant is directed to seek remedy before the appropriate Forum within a month from the date of receipt of copy of this order. Meanwhile respondents are restrained from taking any coercive steps against them.
Dictated to the Confidential Assistant, transcriber by her, corrected by me and pronounced in the open Forum this the 29th day of November 2014.
Sd/-
Padmini Sudheesh, President
Sd/-
Sheena.V.V., Member
Sd/-
M.P.Chandrakumar, Member
Appendix
Nil
Id/-
President
