Dilbag Singh v. M. P. Poorva Kshetra Vidhyut Vitaran Co. Ltd.
2011-07-26
PRAMILA S.KUMAR, S.K.KULSHRESTHA
body2011
DigiLaw.ai
JUDGMENT : As per S.K. Kulshrestha, J. (President) : - This appeal is directed against the order dated 29-12-2009 passed in Case No. 75/2009 by the District Forum, Damoh by which the complaint of the appellant has been dismissed. 2. The appellant is running a Scooter Service Station where 8000 watts connection has been provided. Suspending mischief and tampering with the meter, the personal of the Electricity Company took away the meter and installed another meter in its place on 4-11-2008. Again on 27-4-2009 the personnel of the Company suspecting tampering with the meter took the meter with them for testing. While testing the meter it was found that there was cut in the window glass of the meter but, still the glass was not moving nor was there any evidence of tampering on opening the meter. 3. Since from the top of the glass it was possible to insert a paper right up to the disk and to stop the meter from registering the consumption, a bill in the sum of Rs. 63,253/- was sent on 11-6-2009. It is on receiving this bill that the appellant rushed to the District Forum for relief. However, the District Forum has dismissed the complaint on the ground that the meter was installed for commercial purpose. 4. Learned Counsel for the appellant submits that the electricity connection is being used by the appellant for washing scooter and for earning his livelihood by means of self employment and, therefore, he is very much a consumer. The purpose for which the meter is being used, is not disputed. What is disputed is that the electricity is being used for commercial purpose. We can very well conceive that in a service station there, as stated by the complainant, he is washing the scooters. It is for his own livelihood that he is personally engaged in rendering the service. Under these circumstances, we decline to accept that there was any commercial purpose in the service station and we find that it squarely falls within the definition of "consumer" contained- in Section 2 (1) (d) (i) and (ii) of the Consumer Protection Act, 1986 as the~ explanation provides that where a person exclusively for the purposes of earning his livelihood by means of self-employment is engaged in an activity, he does not cease to be a "consumer". 5. Though the panchnama (Exh.
5. Though the panchnama (Exh. C-3) states that the glass has a cut and it was possible to insert a paper right up to the disk and to stop the meter from registering the consumption but, it has been candidly mentioned that on opening the meter there-was no evidence of tampering with it. Thus, the bill given by the Electricity Company is without any basis or foundation. The bill issued in June, 2009 for Rs. 63,253/- is, therefore, set aside with liberty to the respondent-Electricity Company to charge the complainant in accordance with the units registered in the meter. This appeal is thus, allowed to the extent indicated above.