ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
COMPLAINT NO. 24 OF 2023
M/s Sneh Cold Storage
Village Bholapur Saidpur Kani
Post Devchara
Tehsil Awala, District Bareilly
Through its Owner Sri K K Gupta
S/o Late Jeetram Gupta
...Complainant
Vs.
Madhyanchal Vidyut Vitran Nigam Limited
Through its Managing Director,
Regional Office, 132 K.V. Substation
Bareilly Road Aonla
Bareilly Region,
Registered Office at 4-A Gokhle Marg
Lucknow
... Opposite Party
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Complainant : Miss. Shataxi Shukla and Mrs. Suchita
Singh, Advocate
For the Opposite Party :
Dated : 26-07-2023
JUDGMENT
MR. JUSTICE ASHOK KUMAR, PRESIDENT
Miss Shataxi Shukla and Mrs. Suchita Singh, learned Counsel for the complainant appeared.
Heard learned Counsel for the complainant and perused the record very carefully.
The instant complaint has been filed by the complainant with the following prayer :-
- Direct the opposite party to withdraw the illegal demand dated of Rs.83,57,565/-.
- Direct the opposite party to pay to the complainant an amount of Rs.30,00,000/- towards mental agony, harassment, depression and pain.
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- Direct the opposite party to pay to the complainant an amount of Rs.1,50,000/- as damages with interest @ 24%.
- Direct the opposite party to pay to the complainant an amount of Rs.50,000/- (Rupees Fifty Thousand only) towards cost of litigation.
- Pass any such other orders as this Hon’ble Commission may deem fit in the facts and circumstances of the present case.
It is not disputed that the instant complaint has been filedagainst the huge demand of Rs.83,57,535/-.
In the instant complaint it has been stated by the complainant that for running the Cold Storage it has taken electricity connection of 92 KVA being Account No. 761702352890 (HV-2) and Consumer No. 299000112.
It has been further stated by the complainant in its complaint that on 26/27-08-2020 an inspection of the complainant’s cold storage was conducted by the opposite party and as per inspection report the complainant was found to have been using the electricity connection, which was already disconnected on account of non-deposit of outstanding bill amounts and in this regard an inspection report No. 190/04740 dated 26/27-08-2020 was prepared.
In the inspection report it was reported that there was no display in the electricity meter and current transformer and potential transformer (CT & PT) units were found burnt. A provisional assessment under Section 126-B of Electricity Act, 2003 dated 28-08-2020 was issued to the complainant. A total amount of Rs.1,01,97,535/- was assessed under the provisional assessment bill.
It has been stated by the complainant in its complaint that the complainant is a consumer within the definition provided under Section 2(7) of the Consumer Protection Act and is constrained to
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approach this Forum against the gross acts of the opposite party wherein they had committed serious deficiency of service.
From averments made in complaint it transpires that the complainant M/s Sneh Cold Storage is engaged in the business of commercial activities and the connection in question is a commercial connection and ingredients required for getting benefit of explanation of Section 2(7) of the Consumer Protection Act 2019 are not available because there is no averment in complaint to the effect that the complainant has obtained commercial connection for the purpose of earning livelihood by means of self employment. As such the complainant is not a consumer as defined in Section 2(7) of the Consumer Protection Act 2019.
Further more the cold storage of the complainant was inspected by the opposite party on 26/27-08-2020 and it was found that the complainant was using the electricity connection which was already disconnected on account of non-deposit of outstanding bill amounts and it was reported in the inspection report that there was no display in the Electricity Meter and current Transformer and Potential Transformer units were found burnt. A provisional assessment under Section 126-B of Electricity Act, 2003 dated 28-08-2020 was issued to the complainant and Rs. 1,01,97,535/- was assessed under the provisional assessment bill.
In view of proposition laid down by Hon’ble Apex Court in Civil Appeal No. 5466/2012 arising out of S.L.P. No. 35906 of 2011 U.P. Power Corporation Limited and others V/s Anis Ahmad the present complaint is not maintainable under the Consumer Protection Act 2019.
In view of above the complaint is not maintainable under the Consumer Protection Act 2019. The complaint is dismissed with liberty to the complainant to approach proper Forum or Court in accordance with law.
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Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
