Delhi

East Delhi

CC/281/2013

DEVESH SHARMA - Complainant(s)

Versus

BSES - Opp.Party(s)

03 Jul 2013

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 281/13

 

Shri Devesh Sharma

Director

M/s. SAMPL Communications Pvt. Ltd.

F-81-B, Laxmi Nagar, Delhi – 110 092                                     ….Complainant

 

Vs.

 

The General Manager

The B.S.E.S. Yamuna Power Ltd.

Radhu Place, Delhi – 110 092                                                    ….Opponents

 

 

Date of Institution: 10.04.2013

Judgment Reserved for : 26.05.2016

Judgment Passed on : 01.06.2016

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

 

The complainant Shri Devesh Sharma has filed a complaint against The General Manager, The B.S.E.S. Yamuna Power Ltd., Radhu Place, Delhi – 110 092, praying for withdrawal  bill of Rs. 24,164.74/-, compensation of Rs. 1,00,000/- on account of harassment and false commitment and Rs. 21,000/-  as legal expenses.

2.        The facts in brief are that the complainant is an advertising agency who appoints advertising agent and consultant for publicity and promotion of its brands.  On 23.03.2009, the respondent had installed an electricity meter vide new K.No. 123002111191 in the name of said company at S-3 & S-4, L.S.C. Shopping Complex, DDA Building, New Rajdhani Enclave, Vikas Marg, Delhi – 92.  On 11.05.2009, when the complainant reached at his office, he found that the meter installed at the above said premises was missing.  He made a complaint to P.S. Preet Vihar on the same day i.e. 11.05.2009.  On his complaint, FIR bearing No. 1145/2009 dated 11.05.2009 was registered.  The meter has been missing since then.  The respondent was to install a new meter and further to supply the electricity, but they did not pay any heed towards the requests of the complainant made from time to time.  It has further been stated that instead of installing the electricity meter at the said premises, the respondent had sent a false and fabricated electricity bill for a sum of Rs. 24,164.74/- which is of dated 05.12.2012.  The complainant made several requests to the respondent to withdraw the said bill which has not been done.  Thus, the complainant has prayed for installation of electricity meter at S-3 & S-4, L.S.C. Shopping Complex, DDA Building, New Rajdhani Enclave; withdrawal of the false and fabricated bill of Rs. 24,264.74/- of dated 05.12.2012; compensation for Rs. 1,00,000/- for causing mental and physical harassment along with legal expenses of Rs. 21,000/-

3.        In reply, respondent has taken various pleas such as the complaint was not maintainable as the complainant was not a consumer under Section 2(d) of the Consumer Protection Act.  It has further been stated that the connection installed at the premises of the complainant was for non-domestic purpose of 10 kw and since the date of installation of the mater, the consumer was not depositing his bill.  Therefore, on 17.03.2010, the connection was disconnected.

4.        In the rejoinder, the complainant has controverted the pleas of the respondent and has re-asserted his pleas taken in the complaint. 

5.        In support of his case, the complainant has examined himself.  He has filed his evident by way of affidavit.  He has narrated the facts, which have been stated in the complaint.  He has got exhibited documents such as NCR vide No. 1145/2009 as Ex. CW-1/1, complaint addressed to SHO, Preet Vihar  Ex. CW-1/2, complaint addressed to General Manager, BSES Yamuna Power Ltd. Ex. CW-1/3, complaint to SHO, Preet Vihar Ex. CW-1/4, legal notice Ex. CW-1/5, and postal receipt Ex. CW-1/6 and Bill of BSES for Rs. 24,164.74/-  Ex. CW-1/7.

6.        We have heard the Ld. Counsel for the parties and have perused the material placed on record.  It has been argued on behalf of the respondent/OP that the connection was non-domestic which does not fall under the definition of “consumer”.  Counsel for the respondent has pleased reliance on a judgment of  National Commission in Hotel Corp of India Ltd, Vs. D.V.B. where it has been laid down that the definition of consumer as given in Section 2(d)(ii) of the Act has been amended w.e.f. 15.03.2003 so as to exclude service for the commercial purpose.   Since the connection was for commercial (non-domestic) purpose, the complainant does not come under the definition of “consumer” under Section 2(d) of the Consumer Protection Act.  Further, in BSES Rajdhani Power Ltd. Vs. M/s Saraf Project Private Ltd., it has been laid down that the electricity connection sanctioned for commercial (non-domestic) purpose does not come under the definition of “consumer” under Section 2(d) of the Consumer Protection Act. 

7.        On the other hand, Ld. Counsel for the complainant has argued that the meter was not for commercial purpose. 

8.        To ascertain whether the meter was for commercial purpose or not, a look has to be made to the documents got exhibited in the testimony of the complainant.  If a look is made to a document Ex. CW-1/7, it is noticed  that it is the final bill for an amount of Rs. 24,164.74/-.  This final bill does not show K.No.  However, K.No. has been shown in the document which is placed on the file which is not got exhibited, which is also a bill for an amount of Rs. 18,350/-.  This bill shows K.No. 123002111191 and category as “NON-DOMESTIC”.  The fact that bill has been for non-domestic category, certainly the complainant cannot be said to fall within the definition of “consumer” under Section 2(d) of the Consumer Protection Act.  Therefore, his complaint does not lie and deserves dismissal.

9.        In view of the above, we are of the opinion that the complainant was not a “consumer” under Section 2(d) of the Consumer Protection
Act.  Therefore, his complaint was not maintainable and deserves dismissal.  Hence, his complaint is dismissed.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                  (HARPREET KAUR CHARYA)

Member                                                                                Member                 

 

 

(SUKHDEV SINGH)

President