Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Memebr:

     This appeal is preferred against the order dated 26.08.2010 passed in Consumer Complaint No.676/2007, M/s.Shalimar Builder and Developers V/s. Reliance Energy Ltd., by District Consumer Disputes Redressal Forum, Mumbai Suburban District (‘Forum below’ in short), dismissing the complaint.  Feeling aggrieved thereby original Complainant has preferred this appeal.

     Appellant/Original complainant conceded that the electric supply to his development project relating to the construction activity was supplied under commercial category and the commercial tariffs were applicable.  In this background, considering the totality of the circumstance, we find that the Forum below was proper to hold that the services were hired for commercial purpose, such Complainant is not a Consumer.  A reference can be made to a decision of the Apex Court in the matter of Economic Transport Organisation V/s. Charan Spinning Mills (P) Ltd., reported in 2010 CTJ (361) SC.  . 

     As far as other aspect is concerned there was inspection of the energy meters installed at the shop of the Complainant on 03.09.2005.  Copy of said inspection report is on record.  It was found that the meters were tampered and it was a case of theft of electricity.  In this circumstances when the corrected bills were given, they cannot be tampered with.  There is no deficiency in service on the part of the original Opposite Party.  On this ground also we find that there is nothing to interfere with the order passed by the Forum below.

    For the reasons stated above, we find the appeal is devoid of any substance.  Hence, we pass the following order:

O  R  D   E  R

     (i)       Appeal stands dismissed.

    (ii)       No order as to costs.