Delhi

West Delhi

CC/18/329

IMRAIN HUSAIN - Complainant(s)

Versus

BSES - Opp.Party(s)

29 Aug 2018

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNITY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 329/18

Imran Husian Rizvi    R/o H.No. 6 Om Vihar Phase 4, Uttam Nagar 110059                                                    …….. Complainant

VERSUS

BSES  Rajdhani  Power Ltd. Janakpuri                                                                                                              …..Opposite  Party.

 

 

O R D E R

 

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are regarding excessive electricity charges to the tune of                    Rs. 41, 546.11/- sent to the complainant by OP.  It has been stated  in  the complaint  that complainant  had made complaint to OP for faulty electricity meter which was changed after  several reminders  given by complainant.  The grievance    of complainant is that  previously he has been receiving normal electricity bill less than Rs. 1000/-  but  all of a sudden  he received electricity bill running in thousands,  hence present complaint.

 During the course argument the complainant was confronted  with  the issue  as to how he has filed  the complaint in the name of Imran Husain Rizvi  whereas  the electricity bill  is in the name Rajdeep Goyal , Brij Bhushan  and  Sundeep Goyal.  The complainant explained that this electricity bill has been  sent  in the name of the builder.  The property in question stand transferred in his name but the electricity connection has not yet been registered  in his name.  

As a rule a person can approach Consumer Forum  if  he is able to establish deficiency in service on the part of OP.    In the present case  OP is not providing  any service directly to the complainant and as such  a   complainant  cannot be treated as consumer under Section 2(1)(d) of the Consumer Protection Act  which reads as under:-

Section 2(1)(d) “consumer” means any person who-

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
2. (hires or avails of) any services for a consideration which has been paid or promised or
3. partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hits or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose);

(Explanation- For the purposes of this clause “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for  the purposes of earning his livelihood by means of self-employment).

         

The aforesaid definition of consumer make it crystal clear that the consumer  is one  who avails service of OP and  finds deficiency in service . In the circumstances  the  instant case  no service  has been provided to the complainant by OP in his individual capacity.  Therefore, we are of the opinion  that  since the complainant is not a consumer within the meaning of  Section 2(1)(d) of the Consumer Protection Act , so complaint is dismissed.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this___29^th  ___ day of __August_______ 2018.

 

                                                                                                                      

 

( K.S. MOHI )                                                   (PUNEET LAMBA)                                                                                                  PRESIDENT                                                             MEMBER