NCDRC

NCDRC

RP/891/2012

TARSEN SINGH - Complainant(s)

Versus

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. & ANR. - Opp.Party(s)

M/S. JINENDRA JAIN & ASSOCIATES

12 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 891 OF 2012
 
(Against the Order dated 29/08/2011 in Appeal No. 951/2008 of the State Commission Haryana)
1. TARSEN SINGH
S/o Sh Didar Singh, R/o Vidar Market Tohana, tehisl Tohana
Fatehabad
Haryana
2. Through his Power of Attorney Om Prakash, S/o Sh Day Chand
R/o Mehat Cold Store, Chandigarh Road , Tohana
Fatehabad
Haryana
...........Petitioner(s)
Versus 
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
DHBVNl,Tohana, tehsil Tohana
Fatehabad
Haryana
2. SDO Operation Sub Division,
City,DHBVNL Tohana , tehsil Tohana
Fatehabad
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :M/S. JINENDRA JAIN & ASSOCIATES
For the Respondent :NEMO

Dated : 12 Sep 2012
ORDER

Aggrieved by the order passed by the Haryana State Consumer Disputes Redressal Commission (for short he State Commission in Appeal No. 951/ 2008, the opposite party before the District Forum, has filed the present petition purportedly under section 21(b) of the Consumer Protection Act, 1986. The appeal before the State Commission was filed against an order dated 16.11.2007 passed by the District Consumer Disputes Redressal Forum, Fatehabad in complaint no. 85 / 2007 filed by DHVNL, by which order, the said District Forum allowed the complaint by granting the following relief:- or the reasons and findings recorded above, we accept the complaint of the complainant with cost of Rs.1000/-. The bill Ex.C-2 payable on 30.10.2005 is hereby set aside qua the disputed amount of Rs.8,54,656/- added in the bill as sundry charges. The complainant is allowed to deposit the amount of the bill Ex.C-2 after deducting the disputed amount of Rs.8,54,656/-. Since during the pendency of the civil suit, the complainant had deposited a sum of Rs.3,41,862/- being 40% amount of the disputed amount vide receipt E$x.C-5 on 24.07.2006 by the order of the civil court. We direct the Ops to refund the said amount to the complainant with interest @ 9% per annum from the date of deposit till actual payment. 2. During the course of hearing of appeal, the present petitioner / complainant was absent. On hearing the pleas of the appellant that the complainant was not a onsumerwithin the meaning of section 2(1)(d) of the Consumer Protection Act, 1986, and was not entitled to revoke the jurisdiction for the Redressal of his grievance, he having obtained the electric connection and services of the DHVVNL for commercial purpose, i.e., running a cold storage, the State Commission agreed with the same allowed the appeal and dismissed the complaint holding that the complainant was not entitled to lay a complaint before the District Forum. In doing so, the State Commission relied upon the decisions of this Commission in the case of ohammad Haseeb Ahmad Versus Maharashtra State Electricity Board and others[2010 CTJ 886 (CP) (NCDRC)] and /s. Shree Manufacturing Company Ltd. Vs. A.P. State Electricity Board & Anr.[II (1993) CPJ 874], where this Commission has taken consistent view that obtaining an electric connection and services of the electricity board was a commercial purpose, therefore, the person who obtained such services cannot invoke the jurisdiction of the Consumer Fora, particularly after the amendment of the Consumer Protection Act, 1986 by the amending act 62 of 2002 effective from 15.03.2003. 3. We have heard counsel for the petitioner and have considered his submissions. He would assail the impugned order passed by the State Commission primarily on the ground that even though the complainant was running a cold-storage and the connection was obtained by him for running the said cold-storage still he can be considered as onsumerand the Consumer Fora have jurisdiction to entertain the complaint in support of his contention he has placed reliance upon a decision of this Commission in the case of arsolia Motors Vs. National Insurance Co. Ltd.[I (2005) CPJ 27 NC] 4. The petitioner cannot seek assistant from that judgement because it was rendered in altogether different context and facts and circumstances where the question was as to whether a company which was engaged in certain production and had taken insurance from an insurance company to safeguard his factory and machines etc. against certain perils can be said to have received the services of insurer for commercial purposes. For the reasons given therein, this Commission held that obtaining services by a commercial venture from an insurance company to safeguard its assets properties cannot be said for commercial purpose. In our view the analogy of that case cannot be applied to the facts and circumstances of the present case. We agree with the findings of the State Commission which are in consonance with the consistent view of this Commission. We see no merit in this revision petition. The revision petition is dismissed accordingly.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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