ORDER                                    Dated:  28-03-2017

Mrs. Manju Bala Sharma, Member

1. Brief facts relevant for the purpose of decision of this complaint are that the complainant  filed this complaint on 16-02-2017 and alleged that she has a small tourism office from which she is booking the tickets for tourists at premises No. A-14. DDA. Market,Sarswati Vihar, Pitampura, Delhi-110034 and  she has obtained one water connection bearing K.No. 9899670000 installed at her Shop no. A-14 DDA.Market, Sarswati Vihar, Pitampura,Delhi-110034 and as per the complainant no water is being used in the process of activity undertaken for the business by the complainant and  as per the notification no.65 dated 07/10-08-2015, the OP vide resolution No.211/2015 held that the consumer who does not use water for the business purpose  be kept under the domestic category instead of mix-use category and thus she comes under the Domestic Category but OP is raising the bills on commercial tariff which is illegal. Complainant alleged that she has obtained a water bill of Rs. 35,555/- with the rebate of Rs. 1889.87p  and after rebate the payable amount comes to Rs. 33,665.13P.  She further alleged that  the bill was raised under the category-II whereas the water connection of the complainant  should be converted into category-I as the water consumption  is not for use commercial use as per the definition mentioned in the aforesaid circular. She also alleged that the water meter installed in her premises is not showing the accurate reading and the meter is moving very fast as the reading is not inconsonance with the consumption and   on 26.11.2016 she made a detailed representation against the bill which was not considered by the OP. Hence pleading deficiency in service on the part of OP  she prayed to direct the OP  as under:

1. To declare the bill of Rs. 35,555/- (before rebate) and Rs. 33665.13 P (after rebate) issued against connection no. 9899670000 installed at Shop No.A-14. Saraswati Vihar. Pitampura, Delhi as null and void and be quashed and;
2. To direct the opposite party to check the meter in the independent laboratory and down load the data of the meter and revised the all the previous bills on the basis of the data and test result of the independent Accredited laboratory and
3. To direct the respondent to convert the category of the connection from commercial to domestic category and
4. To restrain the opposite party from disconnecting the connections of the complainant through K.No. 9899670000 instaIled at Shop No.A-14, Saraswati Vihar. Pitampura. Delhi on the basis of non—payment of bill of RS.35,555/-(before rebate) and Rs. Rs. 33665.13P (after rebate) and;
5.  To  pass any other or further order/s which this Hon’hle Forum may deem fit and proper in the facts and circumstances of the case in favour of complainant in the interest of justice.

2. The substance of the complaint that she  is using the water connection under the category C-II i.e. commercial category which is illegal and water connection of the complainant  should be converted into category-I (domestic category) as the water consumption  is not for commercial use as per the definition mentioned in the aforesaid circular.
3. Heard on maintainability of the complaint and perused file.
4. Mere perusal of the bill dated 25.10.2016 issued by OP shows that billing address of the complainant is Shop-14, Sarswti  Vihar, A- Block, Delhi which itself clarifies that the water  is being used in the shop of the complainant which is a “commercial activity” and is not maintainable under the provision of Consumer Protection Act,1986.
5. Looking to the above facts and circumstances we are of the opinion that present complaint of the complainant is not maintainable and is dismissed accordingly. Pursuant to the notification no. 65 dated 7/10-08-2015 the complainant may approach the OP for the change of category, if  so advised.
6. Copy of the order be made available to the parties free of cost as per law.  File  be consigned to record room.

Announced on………