Asst. Engineer V/S P. R. Jose - Consumer Court Case

Kerala

Trissur

op/03/719

P. R. Jose - Complainant(s)

Versus

Asst. Engineer - Opp.Party(s)

A. D. Benny

03 Jun 2013

ORDER

CONSUMER DISPUTES REDRESSAL FORUM

AYYANTHOLE

THRISSUR-3

Complaint Case No. op/03/719

1. P. R. Jose

Indira Rubber's Mandamangalam, Puthur, TSR

BEFORE:
	HONORABLE Padmini Sudheesh PRESIDENT
	Sasidharan M.S Member

PRESENT:	A. D. Benny, Advocate for the Complainant 1
	P. F. Wilson, Advocate for the Opp. Party 1

ORDER

By Sri.M.S.Sassidharan, Member:

The complainant is a consumer of the respondents vide electricity connection No.7131. His case is that the respondents issued a bill dated 11/9/03 for Rs.3,55612/- as electricity charges for the period from 5/98 to 8/2003. The complainant firm came to his possession only on 30/3/02 following the death of its owner on 2/2/01. The bill is issued based on an inspection by the APTS and it is alleged that there is difference on the CT ratio. It is an illegal bill as the CT meter has been installed by the respondents and it is locked and the key is kept by the respondents. Hence the complainant is not liable to pay the bill amount.

2. The respondents called absent and set exparte.

3. The complainant is examined as PW1 and Exhibit P1 marked.

4. The complaint is filed against the Exhibit P1 bill amount. The complainant claims it is an illegal one as the findings in the APTS inspection are baseless.

5. The PW1 has deposed that he is doing rubber business and nowhere it is stated in the complaint that he is doing the business for the purpose of earning his livelihood by means of self employment. However it is true that as per the orders in IA.398/06 self employment and livelihood have been pleaded in the complaint. But it can only be considered as a second thought. Since the complainant is using electricity for business purpose he does not come under the purview of ‘consumer’ as defined under Section 2(1)d(ii) of the Consumer Protection Act. Hence the complaint is liable to be dismissed.

6. In the result the complaint stands dismissed.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the day of 2013.

[HONORABLE Padmini Sudheesh]

PRESIDENT

[ Sasidharan M.S]

Member