West Bengal

Murshidabad

CC/2/2024

Sasanka Sekhar Saha - Complainant(s)

Versus

The A.E. to Station Manager, WBSEDCL, Khargram C.C.C. - Opp.Party(s)

S Sinha

29 Jan 2024

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/2/2024
( Date of Filing : 10 Jan 2024 )
 
1. Sasanka Sekhar Saha
S/o Late Sarat Chandra Saha, Vill. Kelai, P.O. Nonadanga, P.S. Khargram, Murshidabad 731241.
...........Complainant(s)
Versus
1. The A.E. to Station Manager, WBSEDCL, Khargram C.C.C.
Khargram WBSEDCL, P.O. and P.S. Khargram, Murshidabad 742147.
2. The R.G.R.O, Murshidabad Range, WBSEDCL
P.O. Berhampore, Murshidabad 742101.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 29 Jan 2024
Final Order / Judgement

 

                                                                CASE NO.-CC/02/2024

2

29.01.24

 

    Ld. Adv. for the Complainant is present today.

     Today is fixed for admission hearing of the case. Ld. Adv. for the Complainant submits that the Complainant is a bonafied consumer of Electricity having Meter No. 1540386 and service connection No.1/3668 with the WBSEDCL, Khargram. Inspite of payment of bills issued by the office of the OP No.1 the workers of the OP No.1 without assigning any reason whatsoever disconnected the service line of the Complainant. The Complainant asked the OP No.1 the reason for non supply of electricity but he replied that his line has been disconnected due to non-payment of bills. It may be mentioned that the supply of electricity would be generally required for running the Rice Mill of the Complainant and the business of Complainant is being hit for non supply of electricity.  For this reason the Complainant filed this instant case before this Commission.

      We peruse the materials on record.

     According to Section II (7) of the Act, Consumer means any person who – i) buys any goods 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 user of such goods other than the persons 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 resell or for any commercial purpose: or

 ii) hires or avails of any service 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 service 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 service for any commercial purpose.

Explanation- For the purposes of this clause, -

  1. The expression ‘’Commercial Purpose” does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self employment.
  2.  The expressions “buys any goods” and “hires or avails any services” includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;                                    

 

     In the instant case the Complainant is a proprietor who runs a Rice Mill. So it is clear that the Complainant took the electricity line for commercial purpose and as such the Complainant does not fall within the definition of Consumer as per section II (7) of the Act.

    Moreover, Ld. Adv. for the Complainant fails to make this Commission understand how there is a deficiency of service on the part of the OP.

 

     Such being the position, the instant case is not admitted and as such it is dismissed.

 

Hence it is,

 

ORDERED

that the instant case No. CC/02/2024 is not admitted and as such it is dismissed on merit.

       Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

       The Final Order will also be available in the following Website:

    confonet.nic.in

 

 

  Member                                                                  President         

 

 

 

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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