Punjab

Ludhiana

CC/15/77

M/s Sheba Hotel Pvt. Ltd - Complainant(s)

Versus

Punjab State Power Corporation Limited - Opp.Party(s)

Shamsher S.Lohit

11 Feb 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

                                                             C.C. No:77 of 06.02.2015

                                                                        Date of Decision:11.02.2015

M/s Sheba Hotel Pvt. Ltd., B-XXVI-757-759, Ferozepur Road, Bharat Nagar, Chowk, Ludhiana through its Managing Director Sh.Taljinder Pal Singh.

Complainant

Versus 

1.Punjab State Power Corporation Limited, West Division, Ludhiana through XEN.

2.Punjab State Power Corporation Limited, Head Office, The Mall, Patiala through its Chairman/Director etc.

                   Opposite parties

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986. 

 

Quorum:     Sh.R.L.Ahuja, President

                   Sh.Sat Paul Garg, Member.

                  

Present:      Sh.Harvinder Pal Singh, Adv. for complainant.

                          ORDER 

 

(R.L.AHUJA, PRESIDENT)

 

1.                Heard on the point of admissibility of the complaint. Perusal of the complaint reveals that M/s Sheba Hotel Pvt. Ltd., B-XXVI-757-759, Ferozepur Road, Bharat Nagar, Chowk, Ludhiana through its Managing Director Sh.Taljinder Pal Singh(hereinafter in short to be described as ‘complainant’) has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Punjab State Power Corporation Limited, West Division, Ludhiana through XEN and others(hereinafter in short to be described as ‘Ops’) with the brief averments that the complainant had got installed a electric connection bearing account No.W41CS0100362 in its premises in the year 2003 after purchasing the property No.757 & 759 and at the time of installation of the said connection, all the requisite amounts i.e. deposit, security etc., were paid. Since the installation of the said meter, the complainant firm is regularly making the payment of electricity charges as per their consumption, whatever the amount raised by the office of Ops and nothing is due upto December, 2014. The complainant was shocked to see the electricity bill dated 15.1.2015 of the abovesaid connection, in which, an amount of Rs.2,52,469/- were charged for the electricity consumption. The complainant is not running its business in a regular manner, the complainant is receiving bill around Rs.25,000/- to 30,000/- every month. The complainant immediately approached OP1 to inquire about the excessive amount of the bill and the officials of OP1 informed that about Rs.2,12,000/- were raised regarding the outstanding amount of one Harnam Singh, with whom, the complainant has no concern whatsoever. Rs.36,006/- alongwith 15% surcharge were raised for non-payment of the amount fixed by dispute committee. On checking the record, it was found that the amount of Rs.36,006/- has been duly paid by the complainant through a pay order dated 30.12.2013 and same was misplaced by the Ops in their record and they were unable to encash the same. The complainant had duly shown the receipt of the said pay order to OP1 and they assured that they will correct their error regarding amount of Rs.36,006/- but they are helpless regarding the amount of Rs.2,12,631/-. Harnam Singh has no concern whatsoever with the property since the installation of the electricity connection and the complainant cannot be made liable to pay any amount due towards Harnam Singh. The complainant approached the Ops many times with the request to deduct the amount of excessive charges from the bill and receive the electricity charges as per the consumption of the meter and the excessive charges as alleged in the bill are illegal, arbitrary and against the natural justice and time barred and they are estopped by their previous commitment to recover the rebate given on the transformer but the officials of Ops did not accede the genuine request of the complainant, rather, they threatened to disconnect the electricity supply to the connection of the complainant, if the complainant would not make the payment of the said amount, due to which, the complainant suffered a mental tension and agony. Hence, this complaint.

2.                It is apparently clear from contents of the complaint as well as documents produced by the complainant that the complainant hotel namely M/s Sheba Hotel Private Limited is a commercial concern, who availed the electricity connection bearing account No.W41CS0100362 having sanctioned load of 120.270 KW to run the hotel industry and the complainant has sought relief of withdrawal of bill of Rs.2,85,855/- and to withdraw the threats of Ops of disconnecting of the meter and also claimed Rs.50,000/- as compensation and Rs.1 lakh as penalty and Rs.55,000/- as legal fees paid by the complainants to the counsel.

3.                As per Section 2(1)(d) of the Consumer Protection Act, 1986 which defines the term of ‘Consumer’ as under:-

(d)“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 does not include a person who obtains such goods for resale or for any commercial purpose; or

ii)Hires or avails of any services 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 services 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 services for any commercial purposes.

Explanation:- For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.”

4.                From the bare reading of the section aforesaid, it is clear that person(s) availing services for ‘commercial purpose’ do not fall within the meaning of ‘consumer’ and cannot be a ‘complainant’ for the purpose of filing a “complaint”          before the Consumer Forum.

5.                Moreover, Section 2(15) of the Electricity Act, 2003 defines ‘Consumer’ in the following manner:-

“2(15).”Consumer” means any person who is supplied with electricity for his own use by a licensee or the Government of by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works or a license, the Government or such other person, as the case may be;”

6.                From the bare reading of section aforesaid, we find that the “consumer” as defined u/s 2(15) include any person who is supplied with electricity for his own use by a licensee and also includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a license, irrespective of the fact whether such person is supplied with electricity for his own use or not. Per contra u/s 2(1)(d) of the Consumer Protection Act, 1986 those who were supplied with electricity for commercial purpose and those who do not avail services for consideration, irrespective of electricity connection in their premises do not come within the meaning of “Consumer”.

7.                Further, in the recent judgment passed by the Hon’ble Supreme Court of India, in a case titled as U.P.Power Corporation Ltd. and others vs. Anis Ahmad-2013(3)CLT-226(S.C.), it was observed by the Hon’ble Supreme Court of India that a person obtaining electrical connection for industrial purpose and deficiency in supply of electricity by Electric Supplying Corporation, complaint before the Consumer Forum is not maintainable. Further, it was observed that persons who availed the services for commercial purpose do not fall within the meaning of consumer and cannot be a complainant for the purpose of filing a complaint before the Consumer Forum.

8.                In view of the above discussion and relying upon the aforesaid law laid down by the Hon’ble Supreme Court of India in the aforesaid judgment, we are of the opinion that the present complaint of the complainant is not maintainable before this Fora and as such, the present complaint is not admitted being not maintainable and barred by jurisdiction. Copy of order be supplied to the complainant free of costs. File be consigned to record room.

 

(Sat Paul Garg)                                 (R.L.Ahuja)

                              Member                                           President

Announced in Open Forum.

Dated:11.02.2015

Gurpreet Sharma