The case is taken up for passing order.

It is the case of the complainant that the complainant is a farmer and for cultivation he obtained electric connection from W.B.S.E.D.C.L, i.e the O.P of this case and since the meter was burnt the O.P charged Rs.9100/ which was paid by the complainant.

Subsequently, the complainant received a bill from the O.P whereby the amount was claimed to the tune of Rs.42,48881/ . The said amount was an exorbitant one and as such challenging the said bill a representation was submitted for which a bill was sent to the complainant to the tune of Rs.1,07,975/ which was also been challenged in this case.

The Ld. Lawyer in order to claim that the complainant is a farmer has submitted two deeds wherefrom it is found that the complainant is a owner in respect of 12 decimals of land i.e   the total quantum of land is about 04 khattas.

From the materials on records, it transpires that the complainant has claimed that he is a farmer and for his livelihood he cultivates his own land for which he obtained electric connection to run his submersible pump.

It is curious enough to cultivate the land of meager quantum of land of 04 khattas, submersible pump is not required. Even for the sake of argument the said pump is required the consumption of electricity would not have been more than 100 units, but the O.P has charged Rs. 1,07,975/ for three months periods.

The Ld. Lawyer also submitted that his client used to pay Rs.36,000/ per quarter for consumption of electricity for running the said pump.

From the facts and circumstances of the case it is hardly believable that a farmer like the complainant would pay Rs.36,000/ per quarter for consumption of electricity for running the said pump for his own agricultural purpose in respect of land measuring about 04 khattas of land.

From those facts, it is crystal clear that the complainant used to sale water to different adjoining land owners and continuing the business of providing water to different farmers and as such as per Sec- 2(1)(d) of the C.P.Act, the complainant is not a consumer, but he consumes electricity for running the pump and also for

providing water to different farmers  and the said consumption of electricity can be said to be enjoyed by the complainant for commercial purpose for which this Forum has no jurisdiction to entertain the complaint against the O.P.

 Having regard to the facts and circumstances of the case we are not inclined to entertain this complaint and hence it is

ORDERED

That the Complaint  Case No: C.C-04/2016 is dismissed as not maintainable.