DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.483/2012

Sh. Satish Mittal

S/o Jagdish Chand,

At Shop No. 24 Block-B,

Vijay Nagar,

Delhi-110009                                                                ….Complainant

Versus

Tata Power Distribution Ltd.

Hudson Lines, Kingsway Camp,

Delhi-110009.                                                          ….Opposite Party

                                                Date of Institution        : 18.09.12          Date of Order      : 04.06.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Succinctly put, the complainant Satish Mittal, a tenant in the demised premise, runs a garment shop. The present complaint is regarding the overcharging and fast running meter of Tata Power Delhi Distribution Ltd. (OP).

1. It is averred that in the said premise, the sanctioned load for electricity is 10 KW. Since the complainant took the premises on rent, the complainant observed that the electricity bill was inflated by about 40-50%. As per the complainant, the total usable connected load at the premises is only 5.2 KW as the shop is only 400 sq. ft.  It is next averred that the average load for 12 months in all season stands reduced to 3 KW. Therefore the average bill accordingly should not exceed Rs.10,000/- at current prices per unit for commercial usage. But the complainant has been getting receiving bills exceeding Rs.20,000/-.

1.  It is next stated that the complainant has been asking the OP to have the meter checked but OP did not pay any heed to his complaint.

1.  Thus, aggrieved the complainant approached this Forum with the following prayer:-

1. Be directed to accept the payment of electricity consumed as per connected load and not as per assumptive load.
2. Be restricted to disconnect the electricity connection of the premises of the Suit premise till the disposal of the complaint.
3. Be directed to pay Rs.1,00,000/- as compensation of excess billing amount charged due to faulty electric meter.
4. Be directed to pay Rs.33,000/- as cost of litigation keeping in view the no. of appearances before this Forum.

2. OP resisted the complaint inter-alia stating following preliminary objections :-

1. The complainant is not a registered consumer of OP. The said connection is in the name of Mr. Shyam Lal Sachdeva, the owner of the shop.
2. This Forum lacks the territorial jurisdiction to adjudicate the present complaint as is evident from the memo of parties filed by the complainant.
3. The complainant is availing the services of OP for commercial purpose, inasmuch as the electricity connection in question is undeniably an NL (Non Domestic category connection). Therefore, as evident an NL electricity connection is given solely towards commercial utilization and the same cannot fall within the meaning of consumer as envisaged under Section 2(i)(d)(ii) of the Consumer Protection Act, 1986.

3. Without going into the merits of the case we will first decide the issue of maintainability of the complaint. It is rightly pointed out by the OP that the services of OP are being used for the commercial purpose/ for the enhancement of profit in his business. On perusal of the bills annexed, it is noticed that it is a non-domestic category connection which certainly does not fall in the purview of the Consumer Protection Act, 1986.
4. Complainant not being a ‘Consumer’ as per Sec. 2(1) (d) (ii) of Consumer Protection Act, 1986 the complaint is not maintainable in the present Forum.   Accordingly the complaint is dismissed with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.Thereafter file be consigned to record room.   

Announced on 04.06.19