The case of the complainant is as follows: Complainant is the consumer of the respondents vide consumer No.15130. He is running the firm as self employment for his livelihood. The respondents issued a bill dated 28.11.07 for Rs.2840/- as additional security deposit. The notice issued to the complainant is illegal and without any basis and no details are shown in the notice. The respondents informed through the bill that they will disconnect the supply if the amount is not paid in time. The respondents have no right to issue such a bill. Hence the complaint.

 

            2. The counter of the respondents is as follows: The complaint is not maintainable as per law. Complainant is not a consumer as provided under Section 2(1)(d) of the Consumer Protection Act. So Forum has no jurisdiction to entertain this complaint. The bill dated 28.11.07 was issued to the consumer requesting to pay additional security amount as per Section 47 of the Indian Electricity Act 2003 and Section 15 of the Terms and Conditions of Supply Act, 2005. The Board has every right to collect 3 months electricity charge as security deposit as per above provisions. Hence dismiss.

 

            3. The points for consideration are:

(1)   Whether the complaint is maintainable?

(2)   Is the complainant liable to pay the Ext. P1 bill amount?

(3)   Other reliefs and costs.

 

            4. The evidence consists of Ext. P1 bill. No other evidence adduced by both.

 

            5. Points: The complainant is the consumer of the respondents vide consumer No.15130. He is issued with a bill dated 28.11.07 to pay Rs.2840/- as additional security deposit. The complainant challenges the Ext. P1 notice as illegal and the complaint is filed. The respondents raised the question of maintainability of the complaint on the ground that the complainant is not a consumer as per Section 2(1)(d) of the Consumer Protection Act. As per Section 2(1)(d) of the Consumer Protection Act a consumer means a person who buys any goods for a consideration, which has been paid or promised or partly paid or under any system of deferred payment. But does not include a person who obtain such goods for resale or for any commercial purpose. At the same time commercial purpose does not include use by a person of goods bought and used by him and service availed by him exclusively for the purpose of earning his livelihood by means of self employment. The complainant has stated in the complaint that he is running the establishment for livelihood by means of self employment and no steps has been taken by the respondents to prove that the connection is a commercial one. Hence the complaint is maintainable before the Forum.

 

            6. As per the counter, the bill issued for the additional security deposit as per Section 47 of the Indian Electricity Act, 2003 and Section 15 of the terms and conditions of Supply, 2005. So they have the right to collect 3 months electricity charge as security deposit. It is found to be true and the respondents issued the bill as per the above provisions. Besides this the Ext. P1 notice was issued on 28.11.07 and the last date of payment is 27.12.07. So ample time is given for the payment. There is no deficiency in service on the part of the respondents and the complainant is liable to pay the Ext. P1 bill amount.

            7. In the result, the complaint is dismissed and the complainant is directed to pay the Ext. P1 bill amount within one month from the date of receipt of this order.