DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 576/2018
No. __________________ Dated : ____________________
IN THE MATTER OF:
ANANT RAM KANSWAL S/o LATE SH. LAKHI RAM,
R/O 254, POLICE COLONY, ASHOK VIHAR,
DELHI-110052. …COMPLAINANT
VERSUS
TATA POWER DDL,
TPDDL HOUSE, HUDSON LANE,
KINGSWAY CAMP, DELHI-110009. …OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 29.08.2018
Date of Decision: 22.09.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP underthe Consumer Protection Act, 1986 therebyalleging that the complainant is a consumer of OP and applied online for a new electricity meter connection at his house situated at Khasra No. 53/2, Ground Floor, Near Fauji Builders, Pradhan Enclave, Village-Burari, ND-110084 landmark electricity pole/pillar no. 414-64-6/4 walking sequence 276/0540/001 vide notification no. 2018335886
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dated 07.08.2018. The complainant further alleged that on 11.08.2018 he received a telephonic call from a representative of OP whose behavior was not proper and asked some undue favour for new meter connection. The complainant complained against the wrong doings of the said representative of OP to the vigilance and customer care of OP on 13.08.2018 through e-mail. On this OP cancelled the request of the complainant of new electricity connection on false grounds on 16.08.2018 stating incomplete address and contact details. The complainant further alleged that on 14.08.2018 he lodged a complaint with GNCT of Delhi vide no. 2018093000 and in this response on 20.08.2018, OP gave an action taken report that matter has been examined and observed that request for new connection has been suspended because OP found pole/network encroached at sight and a letter dated 20.08.2018 is sent to the complainant. The complainant further alleged that previously an electric meter bearing CA No. 60011996927 was installed at his same house and the same was removed and final bill of same was given to the complainant on 03.08.2018 and an amount of Rs.1,865/- is due from OP to the complainant with respect to the said meter. The complainant further alleged that OP has violated his human right by not issuing a new electricity connection with deliberate and unfair trade practice which has
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caused physical pain, mental agony and trauma etc. and the complainant is entitled for compensation also.
2. On these allegations, the complainant has filed the complaint praying for direction to the OP to install a new electricity meter connection at Khasra No. 53/2, Ground Floor, Near Fauji Builders, Pradhan Enclave, Village-Burari, New Delhi-110084 and has also sought compensation etc.
3. We have heard the complainant on the admissibility of the case and have considered the case of the complainant. The complainant has alleged some illegal acts by the employees of OP.
4. The first and foremost question which arises for consideration is “whether or not the complainant is a consumer” as envisaged u/s 2 (1)(d) of the C.P. Act, 1986 and “whether the complaint is maintainable”.
5. In order to find answer to this question it would be useful to consider Sec. 2 (1)(d) of the C.P. Act, 1986, which defines the term “Consumer”. On reading the said Section it is clear that Consumer is a person who buys goods for consideration or hires or avail of service for consideration.
6. We are not convinced with the submissions of the complainant.
7. The copy of electricity bill vide CA No. 60011996927 is in the name of Lakhi Ram, the father of the complainant. It is nowhere pleaded or explained as to in what circumstances the earlier meter has been
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removed by the OP. Moreover, the complainant has not filed any document in respect of property/premises where the new electric connection is sought to be sanctioned.It appears that the complainant has applied for installation of a new electric connection but without any document of ownership of the property/premises where the new electricity connection was sought to be installed. Accordingly the complainant has failed to prove his case that he is covered within the definition of “Consumer” as per meaning of Sec. 2 (1)(d) of the Consumer Protection Act, 1986.
8. Thus, the complainant is not covered under the definition of the word “Consumer”. Thus, the complaint is devoid of any merits and the same is dismissed.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 22ndday of September, 2018.
BARIQ AHMAD USHA KHANNA M.K.GUPTA
(MEMBER) (MENBER) (PRESIDENT)
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