Haryana

Ambala

CC/168/2018

B.N.Shukla - Complainant(s)

Versus

SDO - Opp.Party(s)

B.N. Shukla

13 Jun 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 168 of 2018

                                                          Date of Institution         : 29.05.2018

                                                          Date of decision   : 13.06.2018

 

 

B.N.Shukla son of Late Sh. Ram Charita Shukla, shop No.4, Baldev Nagar, Chandigarh Road, Ambala City.  

       ……Complainant.

Vs.

 

Sub Divisional Officer, Model Town, Uttar Haryana Bijli Vitran Nigam Ltd, Ambala City.

 

 ….….Opposite Party.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender  Kumar, Member.            

                  

 

Present:       Complainant in person.

Sh. Pardeep Kumar Bansal, counsel for OP.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is having electric meter  account no.0996620000 is installed in the shop of complainant. The complainant received electricity bill for the period 11.03.2018 to 16.04.2018 for Rs.4835/- payable upto 30.04.2018 showing  the meter reading from 15333 to 15968-635 units without checking the electric meter as the present  reading of the above electric meter as on 24.5.2018 is 15523 as the average for the previous bills/period 25.05.2017 to 25.09.2017 is about Rs.1,200/- per month. After receipt of the above said  electric meter bill for the period 11.3.2016 to 16.4.2018 the complainant vide his letter dated 26.04.2018 met the OP for the correction but nothing fruitful has come out .  The complainant further received another bill of electricity for the period from 16.04.2018 to 15.05.2018 for the meter reading as 15968 to 16717 for 49 units that too without getting any checking at the shop of the complainant. The actual meter  reading of the above electric account bill, which is installed in the shop of the complainant as on 12.04.2018 was 15417 whereas as per bill the reading as on 16.04.2018 has been shop as 15968/- which clearly shows the negligence of the OP. Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and moved an application for dismissal of the complaint on the ground that the connection of te complainant is commercial one and this Forum has no jurisdiction to entertain the complaint.

3.                We have heard complainant as well as counsel  of OP and carefully gone through the case file.  Firstly, we have to decide the application filed by the OP whether the complainant falls under the definition of consumer or not being service availed for commercial purpose.  

4.                We have gone through the bills dated 18.04.2018 and 18.5.2018 attached with the compliant, it is clear that the complainant has obtained the LT-Industrial connection i.e. used for commercial purpose. As per the provision Section 2(1)(d) as under:-

“Consumer means any person who-

(i)                “buys any goods for a consideration which has been paid or promised or party paid and partly promised, or under any system of deferred payment and includes any use 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”.

(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 of any commercial purpose)[ Explanation:- For the purposes of sub-clause (i), “commercial purpose” does not include use by a consumer  of goods  bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment]”.

5.                     It is clear that even the service availed for commercial purpose is purely excluded from the scope and ambit of consumer and the complainant has obtained the electric connection under LT-Industrial category which covers under the commercial purpose. According to the Section 2(1) (d) mentioned above, this Forum has no jurisdiction to entrain any complaint of any person who are availing the service of the OP for commercial purpose.  The OP has relied upon the law laid down by Hon’ble National Commission in case titled  Sanjay D. Ghodawat vs R.R.B. Energy Ltd. decided on 17 December, 2009 which squarely covered  the facts of the present case. The complainant cannot be held to be a consumer with reference to the services attached to the warranty and the complaint is not maintainable. Hence, we are considered view that the present complaint is not maintainable and same is liable to be dismissed. Therefore, the present complaint is hereby dismissed with no order as to cost. However, the complainant is at liberty to approach to the appropriate Court of law if so desired. Copy of this order be supplied to both the parties free of cost. File after due compliance be consigned to record room.

Announced on : 13.06.2018

 

                    

 

 

 (PUSHPENDER KUMAR)               (D.N. ARORA)

Member                                         President

 

 

                                                                                                                                                                  

 

 

 

 

 

 

 

 

 

Present:       Complainant in person.

Sh. Pardeep Kumar Bansal, counsel for OP.

 

 

Arguments heard. Vide my separate detailed order of even date, the present complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 13.06.2018                                 (D.N. ARORA)

                                                                                  President

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

 

   (PUSHPENDER KUMAR)

                  Member