Today is the date fixed for admission hearing of the instant case. The ld. Advocate for the complainant represents his client(complainant) by filing hazira on behalf of the complainant.

Heard the ld. Advocate for the complainant over the admission hearing of this case. Perused and considered the instant petition of complaint and photocopies of documents filed on record.

It appears (as per Xerox copies of electric bill and the petition of complaint) that the complainant’s category of electric connection is commercial and the complainant is running submersible pump for lifting water for cultivation using the said electric connection.   

Admittedly the complainant is a commercial consumer having his customer ID no. 222094429 under the OP, for using electric connection for commercial purpose in respect of using his submersible pump.

There is no whisper in the petition of complaint that the complainant used/consumed electricity for running his said work for his livelihood by way of self-employment only. It was held in the reported decision (2013) 8 Supreme Court Cases page 491 cited on behalf of the OP that availing service for ‘commercial purpose’   do not fall within meaning of ‘consumer’ in section 2(1)(d) Consumer Protection Act, 1986 and cannot be a ‘complainant’ for purpose of filing a ‘complaint’ before Consumer Forum. 

In the circumstances, as aforesaid, as also in view of the aforesaid decision of Hon’ble Apex Court, we find that complainant is not a consumer as defined u/s 2(1)(d) of Consumer Protection Act.  So, having regard to the discussions as made above and on consideration of the entire material on record we feel that the instant petition of complainant being ‘commercial purpose’ is liable to be dismissed.

Hence, it is,

Ordered

that the instant petition of complainant figured as CC case no. 52/2014 be and the same is dismissed being commercial purpose.