By. Smt. Bindu. R, President:
This is an application filed by the Opposite Party challenging the maintainability of the Consumer Case before the Commission.
2. According to the Opposite Parties, present Complainant has no contractual relationship with the Opposite Party as the electric connection is allotted to another person and not power of attorney or authorisation is also filed by the Complainant. Moreover, as per the provisions of the Electricity Act, Consumer Grievance Redressal Fora is established and hence this Commission has no jurisdiction to entertain the complaint. There is no cause of action and there is non-joinder and mis-joinder of parties. Since the complaint is filed without any bonafies, the Opposite Party prays for dismissal of the complaint.
3. The Complainant filed objection to the I.A stating that the Complainant has every right to file the complaint. According to the Complainant the complaint is maintainable since he is a person as envisaged as per the provisions of S. 2 (31) (Vi) of the Consumer Protection Act and hence prayed for dismissal of the I.A.
4. Herd and perused the records in detail.
5. A reading of the complaint shows that the Complainant is not a consumer coming under the purview of section 2(7) of the Consumer Protection Act which reads
"consumer" means any person who—(i) buys any goods 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 user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any service 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 service 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 service for any commercial purpose”.
6. According to the Complainant the complaint will come under the definition of person as per S 2 (31) (Vi) of the Consumer Protection Act 2019 which says any corporation, company or a body of individuals whether incorporated or not is a person.
7. The consideration of the various averments in the complaint the Commission finds that the Complainant is not a consumer to attract the Provisions of Consumer Protection Act 2019 and hence the I.A is allowed.
Consumer case dismissed as not maintainable before the Commission and Order in I.A.56/2024 dated 25.01.2024 is hereby vacated.
Pronounced in the Open Commission on this the 21st day of June 2024.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
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ASSISTANT REGISTRAR
CDRC, WAYANAD.
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