Order Passed
Sh. Pramod Kumar-Proprietor of M/s Nitin Ice Factory in person and Sh. S.M. Jain, learned counsel for Electricity Department are present.
This Commission on the request of President, District Forum, Haridwar has exercised power of Section 17(1)(b) of Consumer Protection Act, 1986, directed the office to inform the District Forum, Haridwar for summoning the original record of consumer complaint No. 552 of 2016; M/s Nitin Ice Factor vs. Uttarakhand Power Corporation Ltd. pending before the District Forum, Haridwar and proceedings of the complaint was stayed.
Before us, the impugned order dated 09.02.2017 passed by the members of the District Forum, which was passed on the stay application moved by the complainant and direction was given to connect the electricity connection to the Electricity Department within a week. Thereafter, on 13.02.2017, President, District Forum has passed separate order on the stay application and dismissed the same.
Learned counsel appearing on behalf of the Electricity Department has contended that since M/s Nitin Ice Factory is earning the profit and doing business, therefore, is not a consumer within the definition of Section 2(d)(ii) of the Consumer Protection Act, 1986, which read as under:-
(d) “consumer” means any person who-
(ii) hires or avails of any services 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 beneficiary of such services other than the person who 'hires 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 purposes.
By perusal of the definition, it is clear that hire or avail any service for a consideration does not include use by a person for any commercial purpose.
By perusal of electricity bill, it also indicates that electricity connection was given for commercial purpose. This fact is not disputed. Therefore, both the members of the District Forum have exercised jurisdiction not vested in it.
During course of the arguments, Sh. Pramod Kumar-Proprietor of M/s Nitin Ice Factory has requested that liberty be given to approach the appropriate forum, Consumer Grievance Redressal Forum, Haridwar.
The impugned order passed by the members of the District Forum, Haridwar is set aside.
Since the complainant is not a consumer within the definition of consumer under Section 2(d)(ii) of the Consumer Protection Act, 1986, therefore, we also dismissed the consumer complaint, as not maintainable. However, a liberty is given to the complainant to approach the appropriate forum, i.e. Consumer Grievance Redressal Forum, Haridwar of the Electricity Department.
Revision Petition is dismissed. No order as to costs.
