By Smt.Padmini Sudheesh, President
Both the complaints filed against Kerala Water authority to set aside the bills issued by Kerala Water Authority to the petitioner. It is the case that the complainant is conducting the firm as a means of livelihood by way of self employment. The complainant would say that he has not liable to pay the arrear notice amount and those notices are to be cancelled. In both the cases the respondents filed their version by stating the case on merit and also challenge the maintainability of the complaint before the Forum. According to them the complainant is a commercial consumer and has no locus standi to file the complaint.
2. Both the complaints are tried jointly.
3.The complainant is examined as PW1and Exhibits P1 to P10 documents and Exhibits R1 to R4 documents are marked.
4. The maintainability of the complaint is to be discussed first. In both the complaints it is stated that the complainant is conducting the firm for the purpose of livelihood by means of self employment. But the nature of firm is not specified in the complaints. But in the cause title it is stated that Proprietor, RVK shopping complex. So it can be considered that he is the proprietor of RVK shopping complex, Guruvayur.
5. The complainant is examined as PW1 and he has deposed that self employment intended is in giving rooms for rent. He also deposed he has a lodge and there are 12 rooms, but not the facility of hotel. At the same time it has stated in the cause title he is the proprietor of shopping complex. Shopping complex is entirely different from lodge. So it can be seen that he is conducting lodge having 12 rooms and also shopping complex. So it can be realized that he is a commercial consumer and is not conducting the said business exclusively for the purpose of livelihood by means of self employment. He is a consumer excluded from the purview of Consumer Protection Act 1986. There are several decisions of Hob’ble National Commission on this aspect disentitling him from filing complaint before the Forum.
6. In the result both the complaints are dismissed as not maintainable.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 16th day of January 2013.
