Bihar

StateCommission

CC/9/2018

Mahendra Prasad - Complainant(s)

Versus

Bihar State Power Company Limited, & Ors - Opp.Party(s)

Adv. Sanjay Kumar Sinha

21 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
Complaint Case No. CC/9/2018
( Date of Filing : 07 Feb 2018 )
 
1. Mahendra Prasad
Son of Late Sidheshwar Prasad, Resident of Mohalla- Nutan Nagar, PS- Civil Line
Gaya
Bihar
...........Complainant(s)
Versus
1. Bihar State Power Company Limited, & Ors
Patna & Ors
Patna
Bihar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shailesh Kumar Sinha PRESIDENT
 HON'BLE MR. Upendra Jha MEMBER
 HON'BLE MRS. Renu Sinha MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 21 Mar 2018
Final Order / Judgement

   O R D E R

21.03.2018

S.K. Sinha, President

                    The complainant after quashing of the electric consumption bills in question filed the present complaint, claiming a claim of money to the tune of Rs. 46,10,500/- (Rupees forty six lacs, ten thousand and five hundred) only towards minority and professional loss. Besides compensation for physical and mental agony for Rs. 2,00,000/- and litigation cost of Rs. 1,00,000/- total Rs. 49,10,500/- (Rupees forty nine lacs, ten thousand and five hundred only).

2.                                The complainant availed a low tension Industrial connection of 15 H.P. / C.T.G.S. for running his business in the name and style of M/S Star Aqua relating to Mineral Water Packing.

3.                                The complainant is carrying on the business of commercially.

4.                 In order to maintain a complaint under the Consumer Protection Act. The person has to be a Consumer as defined under Section 2 (d) of the consumer Protection Act. The services avail for commercial purposes by a person is not included as a Consumer. Unless the services availed by him, exclusively for the purpose of earning his livelihood by means of self employment.

5.                  On perusal of the complaint, the complainant is carrying on business of trading and profit engaging good number of labourer and not exclusively for the purposes of his livelihood by means of self employment. As per the requirement of law. This apart the complaint is purely a money claim and not a consumer dispute.

6.                   In view of the above, the complaint is not maintainable under the provision of Consumer Protection Act. It is accordingly dismissed at admission stage itself. However, if so advised the complainant may take the recourse of other Forum under General Law to get the claims adjudicated on the touch stone of Evidence Act.

    

 

    Renu Sinha                                                                 S.K.Sinha

    Member(F)                                                                  President                             

 Anita        

 
 
[HON'BLE MR. JUSTICE Shailesh Kumar Sinha]
PRESIDENT
 
[HON'BLE MR. Upendra Jha]
MEMBER
 
[HON'BLE MRS. Renu Sinha]
MEMBER

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