Tribunals and Commissions(2004) 04 NCDRC CK 0045

PRAMOD LAXMAN ZINJE vs Maharashtra State Electricity Board

National Consumer Disputes Redressal Commission · Decided on 7 April 2004 · Citation: 2004 4 CPJ 490

HON’BLE JUDGES
M.S.Rane , V.K.Data J.
RESULT
Appeal dismissed

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Judgment

6 paragraphs · 257 words
1.

APPELLANT is original complainant and against the order dated 12.3.2004 dismissing his complaint that this appeal has been filed.

2.

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocate for appellant. As stated the appellant is complainant and he is running a hotel in the name of G. Garden Hotel at Pen, District Raigad. The complaint was filed by him alleging deficiency against the respondent/Orl. O.P. in short Electricity Board with a case that the bill in question raised and issued and served upon the complainant in respect of consumption of power supply to the hotel premises was exorbitant and excessive etc.

The District Forum proceeded to dismiss the complaint holding that the complainant does not fall within the category of consumer so as to maintain this complaint before it.

3.

THE learned Advocate appearing for appellant submitted that the complainant to be treated as a consumer However, the parties who hire services from agency like the Electricity Board if happens to be business/commercial entity, as per recent amendment introduced under Section 2(i)(d) of Consumer Protection Act, 1986, the same are excluded from the definition of consumer.

4.

THAT being so, we do not find any flaw in the impugned order of this appeal and the same stands upheld. ORDER 1. Appeal stands dismissed. 2. No order as to cost. 3. Office to furnish copies of the order to the parties.

Appeal dismissed.