Tribunals and Commissions(1991) 04 NCDRC CK 0026

AKHILA KARNATAKA MADIVALA MACHIDEVA MAHAJAN SANGHA vs COMMISSIONER, BANGALORE CITY CORP

National Consumer Disputes Redressal Commission · Decided on 4 April 1991 · Citation: 1991 0 CPC 607 : 1991 2 CPJ 543

HON’BLE JUDGES
R.G.Desai , K.R.Ramaswamy Iyengar , Sudha V.Reddy J.
RESULT
Complaint dismissed

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Judgment

2 paragraphs · 247 words
1.

PERUSED the complaint and heard the complainant. The complaint has been filed on behalf of M/s. Akhila Karnataka Madivala Machideva Mahajana Sangha, a society registered under the Karnataka Societies Registration Act.

2.

THE Sangha has about 350 members. THEy are all working in Dhobighat, B.S.K. II S tage, B angalore-70. THE Dhobhighat was formed by the B.D.A., when the area was under its control and thereafter, it was made over to the Bangalore City Corporation. THE electricity was supplied at the cost of the B.D.A. THE Dhobis are making use of that Dhobighat witfiout paying anything either to the B.D.A., or to the Corporation. THE complaint has been filed as the electricity charges have not been paid by the B.D.A., and the Corporation, for a direction to them to pay the electricity charges and a direction to the KE.B., not to disconnect the electricity. From the said facts, it is clear that the Dhobis will not be consumers as they are neither the purchasers of goods for consideration nor hirers of service for consideration. If that is so, this complaint is not maintainable. The prayer which is in the nature of an injunction also cannot be granted by this Commission as Order 39, C.P.C., has not been made applicable to the proceedings before the Commission and as there is no provision in the Consumer Protection Act, 1986, enabling this Commission to issue such an injunction. In the result, the complaint is dismissed. No costs. Complaint dismissed.