Today is fixed for admission hearing.

The case is heard.

At the time of hearing the Ld. Lawyer for the complainant submits that the present complainant/petitioner is a consumer under the provision of C.P.Act, 1986. In this regard he refers the case laws reported in 1) State Consumer Disputes Redressal Commission, Punjab : S. Jatinder Singh Bhatia Vs. Punjab State Power Corporation Ltd. and others. 2) National Consumer Disputes Redressal Commission ( D.B) : Jagadishbhai M Seth Alias Soni Vs.Surbhih Relators India Pvt. Ltd. and others. In the instant case on perusal of the petition it is found that the O.P was a tenant under the complainant/petitioner. As the tenant did not pay the electric bill amounting to Rs.23,699/- this is why complainant/petitioner has prayed for a direction to pay a sum of Rs.23,699/- with 12% interest since the due accrued till payment.

Now the main point comes to for consideration whether the O.P is a consumer comes under the provision of C.P.Act or not. In this regard the Ld. Lawyer for the complainant/petitioner refers a case law reported in State Consumer Disputes Redressal Commission, Punjab: S. Jatinder Singh Bhatia Vs. Punjab State Power Corporation Ltd. and others. In the reported case it is found that the tenant filed a case before the Consumer Forum for demanding excessive bill. But in this case the Hon’ble State Commission stated that the petitioner Bhatti is a consumer under the C.P.Act as he filed case against Punjab State Power Corporation Ltd. who is the service provider of the petitioner Bhatti. But the fact of the case completely defers with the instant case as the O.P did not pay the bill for consumption of electricity. So, the reported case law has no application for the instant case. The O.P is not a consumer at all.  

The other case law referred by the Ld. Lawyer for the complainant is completely different with the fact of the instant case. As the O.P is not a consumer under the provision of C.P.Act and the main prayer for recovery of the unpaid electricity bill consumed by the O.P. The main remedy lies at Civil Court not this Forum. Hence this case is not maintainable and the same is dismissed.