This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986.
The brief fact of the case of the complainant is that the complainant is a small businessman and on 03/03/2018 the complainant filed an application before O.P No. 1 for
Contd. P/2
replace a new meter box against the disturbance meter box by register post. Inspite of
that O.P did not replace the same. The O.P No. 1 demanded huge amount of electric bill which are unable to pay by the complainant amounting to Rs. 9,369/- and the reading date was 19/02/2018. Subsequently, O.P No. 3 replaces the new meter box but the complainant did not pay the said amount of Rs. 9,369/- which was fictitious one and the same may be rectified to a normal bill.
Thereafter, the complainant paid sum bill to the O.P for rectification of normal bill. But O.P No. 1 disconnected the electricity after sending the last bill which was not paid by the complainant as the same will be paid after consideration of disturbance of meter box. But the O.P did not pay any heed.
Hence, this case has been filed by the complainant with a prayer that the bill dated 20/02/2018 is erroneous and wrongfully calculated and the same be rectified by the O.P. the complainant further pray f sum of Rs. 1, 00,000/- from the O.Ps plus compensation for mental agony and also prayed for Rs. 10,000/- from the O.Ps as litigation costs and the O.Ps be directed to reconnect the electricity supply.
The O.P has contested the case by filing written version contending inter-alia that the case is not maintainable as the complainant is not a consumer under the C.P. Act. It is specific case of the O.P that the complainant took industrial connection for commercial purpose as per provision of the C.P Act and as such the case of the complainant be dismissed with costs.
The complainant and the O.Ps have filed evidence-on-affidavit separately and they also filed written argument in support of their respective cases. The complainant as well as the O.Ps has filed some documents also in support of their respective cases.
We have heard the argument from the both side at length.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
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Point No. 1 :
In this record the complainant has claimed compensation treating himself as a consumer of O.Ps. The opposite parties raised objection on this point that this complainant is a consumer of commercial purpose and he runs his business by taking electricity which is clearly mentioned in the electric bill that it is a commercial meter used by the complainant and according to the provision of law he is not being a consumer. In this regard he has referred a decision reported in IV (2011) CPJ 333 (NC) Sanjay Agro Industries Ltd. –Vs- Uhbvn Ltd. & Anr. and IV (2011) CPJ 211 (NC) Maharashtra State Electricity Board & Anr. –Vs- Marwadi Rajasthan Education Society stating that in both the cases the Hon’ble Forum opined that if the electricity is used for commercial purpose then complainant is not entitled to get any benefit as he is not a consumer according to law.
Against this submission Ld. Lawyer of the complainant did not state anything made by the O.Ps. The electric bills filed by the complainant shows that the Meter, in question, used as commercial meter and he runs a business using the electricity so, he is a customer of electricity for commercial purpose. It is the provision of law that if the electricity is used for commercial purpose then the customer will not come within the definition of consumer and he is not entitled to get any benefit from this Forum. The case laws as cited by the O.Ps are very much clear that if the electricity used for commercial purpose, the complainant will not come within the purview of consumer and the case is not maintainable. So, we find that the case is not at all maintainable because the complainant is not a consumer according to u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986.
The point is disposed of against the complainant.
Point Nos. 2, 3 & 4:
The other points are taken up together for consideration for the sake of brevity and convenience. This has also been discussed that this case is not maintainable as because the complainant is not a consumer according to the provision of law. The allegation is that the meter used by the complainant was defective. The O.Ps creating electric bills without changing the said meter and the bills very exorbitant although the O.Ps have already changed the defective meter but the bill has not been adjusted.
We find that when the complainant is not a consumer he will not get any benefit from this Forum. He has to settle the dispute with the O.Ps in this matter. No relief can be granted to the complainant as because the case is not maintainable. These issues are against the complainant.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
Contd. P/4
ORDERED
that the instant case be and the same is dismissed on contest without costs.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
