SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> Sri. C. Vishnu Bhakthan, Proprietor, M/s. New Rajastan Marbles, S.N. Puram, Cherthala has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties Asst. Executive Engineer and Asst. Engineer, KSEB., S.L. Puram, Cherthala. The main contention of the complainant is that he has obtained the electric connection before 4.1.06 under the consumer No.7781. Since he has started necessary steps to conduct the Marble industry in the buildings; the use of electricity was very nominal. But on 14.2.06 vide receipt No.32978 he has obtained a notice from the opposite party, stating that a sum of Rs.4550/- is to be remitted by way of using of electricity for the unit of 4999. Complainant denied the use of the above unit of electricity and charged deficiency in service on the part of the opposite party. Hence the complaint.<br /> 2. Notice was issued to the opposite parties. They entered appearance before this Forum and filed detailed version. In the version of the opposite party it is stated that the complaint is bad for non-joinder of necessary party. It is further stated that the original consumer under consumer No.7781 in electrical section S.L. Puram was Sri.Ponnappan, Karukaparambil, Kanichukulangara P.O. and that service connection was effected on 28.8.95 under commercial tariff. Subsequently the ownership of that service connection has been charged on 20.12.05 in the name of the complainant Sri.Vishnu Bhakthan. It is further stated that the complainant had submitted an application with required details and completion certificate of working system on 25.11.05 with a request to convert the existing simple phase power supply to 3 phase power supply for connecting up 3 phase power load of 2340 watts. It is stated that after remittance of required fee by the complainant the simple phase power supply has been converted to 3 phase power supply. It is stated that as usual, the bimonthly current charge bill for 2/2006 was issued on 14.2.06 to the complainant on the basis of reading recorded in the 3 phase energy meter.<br /> 3. Considering the rival contentions of the opposite parties this Forum raised the issue whether there is any deficiency in service on the part of the opposite parties?<br /> 4. On a perusal of the complaint, version field by the opposite parties and documents produced by both sides and depositions, we are of the view that the disputed amount is relating to the charges of electricity used by the complainant for his industrial concern M/s. New India Rajastan Marbles which is engaged in the business of sales of Marbles and other allied items and it is solely a industrial unit. The complainant utilized the enhanced power supply from single phase power supply to 3 phase power supply and it was for his “commercial purpose.” So it cannot be say that the complainant is a ‘consumer’ within the purview of section 2(1)(d)ii of the Consumer Protection Act, 1986. In this context, there is no deficiency in service on the part of the opposite parties and the complainant is bound to remit the assessed amount. The complaint is not maintainable and is to be dismissed.<br /> In the result, the complaint dismissed. No orders as to costs.<br /> Complaint dismissed.<br /> Pronounced in open Forum on this the 26th day of June, 2008.<br /> Sd/- SRI. K. ANIRUDHAN :<br /> Sd/- SRI. JIMMY KORAH:<br /> Sd/- SMT. N. SHAJITHA BEEVI: <br /> APPENDIX:-<br /> Evidence of the complainant:-<br /> PW1 - Muraleedharan (Witness)<br /> Ext.A1 - Photo copy of the demand & disconnection notice<br /> Ext.A2 - Photo copy of the letter dated 18.2.2006<br /> Ext.A3 series - Photo copy of the Notices and bills<br /> Evidence of the opposite parties:- <br /> RW1 - Madhulal. J. (Witness)<br /> Ext.B1 - Photo copy of the Test Report<br /> Ext.B2 - Photo copy of the meter reading statement<br /> <br /> // True Copy //<br /> By Order<br /> <br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo.parties/S.F.<br /> Typed by:-pr/- Compared by:-<br />