PREM CHAND vs P.S.E.B.

-VIDE this order, two Complaints Nos. 2 and 3 of 1995 are being disposed of. Main order is prepared in Complaint No. 2 of 1995 "Prem Chand v. Punjab State Electricity Board and Others."

IN both these complaints, the Complainants are the employees of Punjab State Electricity Board posted at Patiala and Malerkotla respectively. As per terms and conditions of their service, they claim to be entitled to avail leave travel concession. However, the Electricity Board did not allow them reimbursement of the leave travel expenses, that they have filed the present complaint. The Complainants have not put in appearance.

The Complainants cannot be treated as consumers as defined under the Consumer Protection Act. Likewise, non grant of leave travel concession cannot be treated as service or deficiency in service for which the Complainants have paid anything. Section 2(d) of the Consumer Protection Act defines "Consumer" as under:- (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 busy 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;

(Explanation.-For the purpose of Sub-clause (1), "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the pupose of earning his livelihood, by means of self-employment."

AS stated above, the Complainants are employees of the Punjab State Electricity Board and their terms and conditions are governed by a set of Rules. The Complainants have not paid any price either for the goods or for the service to be rendered by the Punjab State Electricity Board. Grant of leave travel concession is only a concesion and this concession is covered by the set of Rules and cannot be held to be either hiring services of the Electricity Board or rendering any services by the Board. The Complainants are not consumers as defined under the Act. No relief in this Commission can be granted to the Complainants under the Act. Both the complaints are dismissed. Complaints dismissed.