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Judgment
CASE under Section 17a (1) of the Consumer Protection Act, 1986 praying that in the circumstances stated in the memorandum of grounds filed herein in the State Commission will be pleased to quash the letter No. ADE/OP/R/WGL/F.DOCK/D. No. 34/93 dated 20.4.93 as illegal and arbitrary.
2.THIS case coming on for hearing upon perusing the memorandum of grounds filed herein and upon hearing the arguments of Mr. P. Kesava Rao, Advocate for the complainant and of Mr. C. Nagarjuna Reddy, Advocate for the opposite party, the Commission made the following order:- The Standing Counsel, Mr. Nagarjuna Reddy took notice. He raised an objection that the consumer dispute is not maintainable, since the power used by the complainant is admittedly for a commercial purpose and that therefore, the complainant cannot be a consumer and is not entitled for any relief under the Consumer Protection Act, 1986. THIS Commission in C.D. 92/92 took the same view. Hence we have no hesitation in finding that the consumer dispute is not maintainable.
But the complainants business is merely a seasonal business, he will suffer great hardship, if he has no power during this summer season. In these circumstances, we direct the opposite parties to restore the power supply to the complainant''s factory as and when it deposits a sum of Rs. 1,14,000.00 (Rupees one lakh fourteen thousand only) with the Assistant Accounts Officer, A.P.S.E.B., Warangal. The complainant has to submit the necessary explanation and participate in the final assessment proceedings. THIS order is passed in view of the peculiar circumstances and will not be treated as a precedent.
5. THE consumer Dispute is according disposed of. No orders as to costs. Consumer disputes disposed of.