Complainant present
Advocate Luktuke for the Opponents
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date- 4thApril, 2014
This complaint is filed by consumer against MSEB for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is running Hotel at Sadashiv Peth, Pune 411 030. He has obtained electricity connection from MSEB. He is doing the business of hotel for self earning and he has no any source of income than the hotel business. It is the case of the complainant that, Opponent has falsely issued bills arbitrarily of huge amount. On 10/07/2006 the meter of the complainant’s premises was changed. Complainant paid all the electricity charges including interest, penalty etc. Thereafter he has paid electricity bill regularly from 22/07/2006 to 20/12/2007. He has paid Rs.2,18,440/-. It is the case of the complainant that the actual bill of the complainant was Rs.2,23,320/-. Thus amount of Rs.4880/- was due from him. But the Opponent had sent bill of Rs.68,160/- to him and threatened to disconnect the connection. Complainant had paid Rs.43,000/- under protest which was in excess. According to the complainant the Opponent had wrongly issued bill of Rs.1,43,060/-. Hence, complainant has filed present complaint praying that the bill of Rs.1,43,060/- and of Rs.68,160/- be declared as null and void. He has further claimed Rs.10,000/- towards compensation.
[2] Opponent resisted the claim by filing written version. The contents of the complaint are denied by the Opponent. It is specifically contended by the Opponent that the complainant is doing commercial activities. He is not a consumer as per the definition under the Consumer Protection Act, 1986. Hence, complaint is liable to be dismissed. It is flatly denied that the Opponent has issued wrong bills of Rs.1,43,060/- and of Rs.68,160/-. It is the case of the Opponent that there is no deficiency in service. After considering average bill, the bills were issued to the complainant. Complainant has failed to pay the electricity charges. Hence, complaint is liable to be dismissed.
[3] After considering the pleadings of both parties, scrutinizing the documentary evidence and the argument, following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether the complainant is consumer as contemplated under the provisions of the Consumer Protection Act, 1986 ? | In the negative |
2 | Whether the complainant is entitled for any relief from the Opponent ? | In the negative |
3 | What order ? | Complaint is dismissed. |
Reasons
As to the Point Nos. 1 to 3-
[4] The undisputed facts in the present proceeding are that, the complainant is running hotel business for which he has obtained electricity connection for commercial purpose by paying commercial rate. It is the case of the complainant that the hotel business is running for earning livelihood. Hence, he is a consumer of the Opponent. After considering the bills which were paid by he complainant, it appears that, the complainant is not running a small scale business but he is running hotel for making profit and not for earning his livelihood only. In this circumstances, it is very difficult to accept the contention of the complainant that, he is a ‘consumer’ as defined under the Consumer Protection Act, 1986.
[5] As it reveals from the record that, the complainant is running hotel business and not paying bills regularly, hence he had required to pay the amount in lump-sum as per the direction of the Opponent. If the transaction between the parties is commercial transaction, then the Consumer Forum has no jurisdiction to adjudicate the dispute between the parties. Complainant has sought the relief of declaration that, the bills issued by the Opponent are null and void. Unless and until the evidence of expert is adduced, it cannot be opined that the bills issued by the Opponent are null and void. In this circumstances, it is the opinion of the Forum that the complainant is not a consumer and he is not entitled for any relief from the Forum. This Forum answer the points accordingly and pass following order-
:- ORDER :-
1. Complaint is dismissed.
2. Complainant is at liberty to file Civil Suit for the disputed transaction.
3. As per peculiar circumstances there is no order as to costs.
4. Both parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of Order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 04/04/2014
