Assam

Kamrup

CC/99/2023

Smti Ribika Brahma - Complainant(s)

Versus

General Manager, Bijuli Bhawan - Opp.Party(s)

Shri N Das

31 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KAMRUP,GUWAHATI
 
Complaint Case No. CC/99/2023
( Date of Filing : 03 Oct 2023 )
 
1. Smti Ribika Brahma
W/O- Mr Dilip Brahma, R/O- Vill Changsari, P.S- Changsari, Dist-Kamrup, Assam
...........Complainant(s)
Versus
1. General Manager, Bijuli Bhawan
Guwahati-1, Kamrup(M), Assam
2. Sri Madhurjya Saikia, SDE , APDCL, Baihata Chariali Sub-Div.
P.S- Baihata Chariali,Kamrup,Assam
3. Sri Rohit Gogoi, Jr. Engineer, APDCL, Baihata Charilai Sub-Division
P.S- Baihata Chariali,Kamrup,Assam
4. Sri Pranab Saharia, Jr. Engineer, APDCL, Baihata Chariali Sub-Division
P.S- Baihata Chariali,Kamrup,Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri Akhtar Fun Ali Bora PRESIDENT
 HON'BLE MRS. Smti.Archana Deka Lahkar MEMBER
 HON'BLE MR. Shri Tutumoni Deva Goswami MEMBER
 
PRESENT:
 
Dated : 31 Oct 2023
Final Order / Judgement

        This is an order on the point of admissibility of the complaint .

      It is stated in the complaint that the complainant is a business woman and owner of  “Bajoi Hotel” under P.S. Changsari . The complainant had a commercial electricity connection with 10 k.w.load . The complainant used to pay electricity bill from Rs. 27,000/- to Rs.30,000/- . The opp.party used to visit every month the said hotel for verification of meter reading. The complainant alleges that on 27.9.2023 the opp.parties no. 2,3 & 4 came to the said hotel without giving any notice to the complainant and they prepared a list of excess load at the premises and prepared a bill of Rs.79,380/- . The complainant is   completely shocked that she is regularly paying the electricity bill.  Under the circumstances the complainant prays before this commission  for a direction to the opp .parties to pay a sum of Rs.2,50,000/- together with an amount of Rs.25,000/- as a litigation cost .

         We have gone through the definition of consumer under the Consumer Protection Act which is read as under ,

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 person 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 resale or for any commercial purpose .

 (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.

         Our view is that the complainant  does not fall under the definition of Consumer as the complainant took the electricity connection for commercial purpose and   there is specific law to solve the dispute, the complaint case is not admitted i.e rejected.

       The complainant is at liberty to approach appropriate Forum. 

 

 
 
[HON'BLE MR. JUSTICE Sri Akhtar Fun Ali Bora]
PRESIDENT
 
 
[HON'BLE MRS. Smti.Archana Deka Lahkar]
MEMBER
 
 
[HON'BLE MR. Shri Tutumoni Deva Goswami]
MEMBER
 

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