Haryana

Karnal

CC/187/2022

Smt. Vaishali Verma - Complainant(s)

Versus

UHBVN - Opp.Party(s)

Sunder Singh Sandhu

04 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 187 of 2022

                                                        Date of instt.01.04.2022

                                                        Date of Decision:04.04.2022

 

Smt. Vaishali Verma wife of Shri Mahesh Verma, resident of F-22, Suchetapuri, Govindpuri, Modinagar, Ghaziabad, Uttar Pradesh-201204, presently, resident of house no.1133, 1^st floor, Sector-13, near OPS school, Karnal, Haryana-132001.

 

                                               …….Complainant.

                                              Versus

 

UHBVN, through its SDO, Uttar Haryana Bijli Vitran Nigam Limited, Merrut Road, Karnal.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Dr. Rekha Chaudhary….Member

 

 Argued by:  Sh. Balkar Singh Sandhu, counsel for complainant.

 

                    (Jaswant Singh President)

ORDER:   

               

                Complaint presented today. It be checked and registered.

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is a partner to M/s V.P. Rubber Industries, located at VPO Mohidinpur, District Karnal, Haryana, which is for his livehood. The said firm has running electricity connection provided by UHBVN since 22.03.2019 having account no.5342699351. The said connection has a sanctioned load of 190 KW, 210 KVA. Complainant paid the electricity charges regularly. It is further averred that due to Covid-19 pandemic, the industry has suffered huge setback which has had an impact on his paying capacity and has not paid the electricity bills over the last four months. As per the latest bill dated 10.03.2022, it is shown that the firm owes an electricity bill of Rs.10,01,660/- to OP. The said demand of OP is illegal as the department has failed to adjust two payments totaling to the amount of Rs.2,00,000/- paid via two online bank transfers on 30.11.2021 and 31.01.2022 of Rs.1,00,000/- each. Complainant has brought the said fact to the notice of the OPs’ official so many times but they failed to co-operate the complainant and disconnect the connection of the complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             We have heard the learned counsel for the complainant and have gone through the case file carefully.

3.             The question has arises before us as whether complainant falls under the definition of ‘consumer’ or not as defined in the Consumer Protection Act, 2019?

4.             The consumer is defined in Section 7 of the Consumer Protection Act, 2019, which is reproduced as under:-

(7) “Consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promise or partly paid and partly promises, 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.” or

(ii)  hires or avails of  any services 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 services 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 services for any commercial purposes.

Explanation- For the purposes of this clause-

(a) the expression “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment.”

(b) the expressions “buys any goods” and “hires or avails any services” include offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

In the present complaint, complainant is a partner in M/s V.P. Rubber Industries, located at VPO Mohidinpur, District Karnal, Haryana. The said firm is having an electricity connection bearing account no.5342699351 and having a sanctioned load of 190 KW, 210 KVA. It is admitted fact that the complainant is running a Rubber Factory in the name and style of M/s V.P. Rubber Industries. It is nowhere mentioned that the said factory is only the source of income of complainant and she has no other source of income. The said connection is not domestic one and generally such type of connection are used for commercial purpose only. Hence the complainant does not fall under the definition of Consumer as per section 7 of the Consumer Protection Act, 2019.

5.             Keeping in view the above discussion, the present complaint is not maintainable and the same is hereby dismissed at the stage of admission. However, the complainant is at liberty to file the complaint before the competent court of law, if so desired. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:04.04.2022

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

(Dr. Rekha Chaudhary)

                           Member