Delhi

East Delhi

CC/61/2016

SHIV KUMAR - Complainant(s)

Versus

BSES - Opp.Party(s)

14 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C No.61/2016

 

	SHIV KUMAR GULATI R/O C-22, KH. NO. 53/10/1 AND 10/2 C-BLOCK, 3RD FLOOR, GURU RAM DAS NAGAR, LAXMI NAGAR, DELHI – 110092	….Complainant
Versus
	THE EXECUTIVE ENGINEER B.S.E.S. YAMUNA POWER LIMITED REG. OFFICE-SAKTI KIRAN BUILDING KARKARDOOMA COURT, DELHI-110092	……OP1
	JASWANT KUMAR JAIN 1ST FLOOR C-22, GURU RAM DAS NAGAR, LAXMI NAGAR, DELHI – 110092	……OP2

 

Date of Institution: 06.02.2016

Judgement Reserved on: 31.08.2022

Judgement Passed on: 14.09.2022

                   

CORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member)

Sh. Ravi Kumar (Member)

 

Order By: Sh. Ravi Kumar (Member)

 

JUDGEMENT

By this Order I shall dispose off the present complaint filed by the Complainant alleging deficiency in service on the part of OPs by installing Electricity Meter (Connection No. 151635729) at his place based on manipulated documents. 

The Complainant in his complaint has stated that he is staying at C-22, Kh. No. 53/10/1 and 10/2 C-Block, 3^rd Floor, Guru Ram Das Nagar, Laxmi Nagar, Delhi – 110092, and is having Electricity Connection No. 101099660.  In December 2015, he was surprised when he noticed that the OP had installed another Electricity connection no. 151635729 on this address in the name of Jaswant Kumar Jain which was never applied by the Complainant.  He visited the office of the OP1 and gave written complaint dated 12.12.2015 but his grievance was not resolved and he has sought following prayer in his complaint:

• The Respondent may be directed the disconnection of the connection no. – 151635729
• That the Respondent be directed to pay a sum of Rs. 80,000/- to the Complainant as compensation for harassment, mental agony and pain. 
• That the Respondent be directed to pay a sum of Rs.15,000/- as the litigation charges to the Complainant. 

OP1 which is BSES has filed their reply and has stated that they had received complaint regarding wrong installation of Electricity Meter on 12.12.2015 and on receipt of the said complaint, and after proper scrutiny the disputed connection CA NO. 151635729 was removed on 16.12.2015 by their Officials and since the Meter has been removed the grievance of the Complainant was redressed and hence no cause of action arises.  The Complainant had also filed complaint before Public Grievance Cell on the same cause of action.  Shri Jaswant Kumar Jain who is OP2 applied for new electricity connection vide Application No. 8002070790 at C-22, Top Floor (3^rd floor), C-Block, Guru Ram Das Nagar, Laxmi Nagar, Delhi – 110092 and after fulfilment of the required commercial formalities the Meter was installed by them.  It is pertinent to mention that Floor Number was not mentioned at the existing meter of CA No. 101099660.

OP2- Shri Jaswant Kumar Jain also filed his reply wherein he stated that the complaint has been filed to harass him though there is no fault on his part.  He has denied that he manipulated the Complainant’s home address, telephone number etc.  He bonafidely applied for a new connection in his name on the address mentioned in his Aadhar Card and he did not know that the Bill for Electricity Connection was issued on the address of the Complainant.  It may be typographical error/mistake on the part of OP1 and when it was brought to his notice then he submitted application to the Authority to remove the connection and the same was done. 

Complainant has not filed Rejoinder to the reply of OP1 and OP2 and he has not filed his evidence by way of affidavit and his right to file the Rejoinder and Evidence was closed on 18.04.2018.

OP1 has filed their evidence by way of affidavit wherein they have enclosed documents relating to the connection issued in the name of OP2.

The OP2 has also filed his evidence by way of Affidavit and has marked following documents as Exhibits:

• Copy of his Aadhar Card as Exhibit – RW2/1
• Copy of acknowledgement of device removal order dated 14.12.2015 as Exhibit – RW2/2

This Commission has gone through the documents on record and heard the arguments. 

Without going into the merits of the complaint, the question with which the Commission has to first deal with is as to whether the Complainant is a ‘consumer’ under the provisions of Consumer Protection Act (CPA).  For a Complainant to fall under the definition ‘consumer’ under CPA the primary requirement is that he has to purchase some goods or avail some kind of service for consideration.

The Complainant has not produced or brought on record any document by which he could prove that he had paid any amount to OP1 and OP2 w.r.t subject matter of the present claim and his grievance is basically relating to a wrongful installation of Electricity Meter at his address. Though the Electricity Meter was installed wrongly at the address of the Complainant however when pointed out on 12.12.2015 then OP1 promptly inspected the site and the said wrong Electricity Meter was removed on 16.12.2015 and no monetary loss was caused to the Complainant and he never paid any amount to OP1 as to come within the definition of ‘CONSUMER’ under CPA.

In the present case, the Commission holds that Complainant has failed to establish that he falls under the category of ‘Consumer’ under the provisions of CPA and therefore the Complaint is not maintainable and is liable to be dismissed on this ground alone.

Accordingly, the complaint is dismissed. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.

Announced on 14.9.2022.

     

     

 

 

   

(Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President