Consumer law
MUKUL SHARMA
(Querist) 20 August 2011
This query is : Resolved
Electricity connection was in name of mr.X.
After death of X,his legal heir did not make any application for transfer of name.Electric bills are issued by electricity department in name of X and deposited by his wife from few years.Can she file complaint in consumer law board for any technical fault in bill.can she be covered in section12 of C.P.Act.Please give any citation of National Consumer Dispute Resolution Forum judgement,immediately.District consumer forum is denying to take the matter.
M.Sheik Mohammed Ali
(Expert) 20 August 2011
your not apply to transfer EB bill into the your mother name until the bill will served to the deceased person, so you cannot claim.
A. A. JOSE
(Expert) 20 August 2011
Although in the normal course the registered consumer has locus standi to file complaint against the Electricity Company, considering the fact that he is no more alieve and the electricity service continued to be availed by his legal heir, consumer complaint can be filed by the legal heir irrespective of the technical lapse on the part of the legal heir by not transferring the power connection in her own name. I recall that the Gujarat State Commission had entertained such cases but I do not have exact case details on hand . It is also suggested that the legal heir should immediately move for change of name of power connection.
prabhakar singh
(Expert) 21 August 2011
actual occupier using electricity would be treated as consumer who so ever he be.
prabhakar singh
(Expert) 22 August 2011
Dear Mr.Mukul !
i do not have any ready hand judgment you want me to post.My opinion is based on analogy as under
THE DEFINITION OF AN ELECTRICITY CONSUMER IS GIVEN IN SECTION 2(15)OF ELECTRICITY ACT 2003"consumer" means any person who is supplied with the electricity for his own use....................................."
and
The Indian Electricity Rules, 1956
2. Definitions:by rule (af) “ occupier” means the owner or person in occupation of the premises where energy is
used or proposed to be used;
and Under Consumer protection Act The basic features of consumer definition may be summarized as
i) The Goods or Services must not be free. Some consideration (Price) should be paid for them. It includes purchase on credit or part payment or in installments.
ii) Second important feature is that it is not necessary that only purchase is consumer - Condition is that Goods/Services are brought for consideration - Definition of Consumer clearly states that any person through consideration is not paid by him but if he uses Goods with the consent of Purchaser or is beneficiary is also a Consumer i.e. A purchase some goods and gifted to B here B is also a consumer. A telephone connection in the name of father used by son here son is also consumer.
iii) Third important feature is that it excludes commercial dealings or goods purchased for resale from the definition of consumer with exception of goods and services purchased for self employment - It means reseller and commercial dealings except for self employment can not take benefit of Consumer Protection Act.
For more clarity we should know that it is not necessary that purchaser is commercial concern but such goods and services should be used for commercial purpose. For example if a commercial concern purchases a Car for the use of its own staff, it did not uses that Car as a Taxi or hiring to others etc. then such use can not be termed as commercial. The purchaser of such car though a commercial concern but here he is consumer because car is not used for commercial purpose.
Thus it is established that a beneficiary of services shall also be considered to be a consumer when evidence of use and payment is on the reord.
M/s. Y-not legal services
(Expert) 20 August 2011
