Civil Procedure Code (CPC)

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ashok kumar (Social Worker)     04 February 2017

Commercial electricity connection in residential premises

Consumer Law : Jurisdiction in case of Commercial Electricity Connections

Does a consumer having a Commercial Electricity Connection in his Residential Premises, fall within the meaning of “Consumer” for the purpose of getting remedy in Consumer Forum



 1 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     04 February 2017

A consumer availing commercial electricity commection may fall within the meaning of 'consumer' within the Consumer Protection Act if he is using the connection for earning his livelihood. See CESC Ltd. v. Pradip GuptaState Consumer Disputes Redressal Commission, West Bengal, IK Link https://indiankanoon.org/doc/95176148

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According to the Appellant as the Complainant has been enjoying commercial electric connection his grievance cannot come within the purview of the Consumer Protection Act. In this respect we are of the view that firstly it has been specifically mentioned in the petition of complaint that the Complainant is enjoying commercial service connection for earning his livelihood. As per section 2(1)(d)(ii) of the Consumer Protection Act, commercial purpose does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self employment. In view of such section of the Consumer Protection Act 1986 the present Complainant/ Respondent can come before the Consumer Forum for Redressal of his grievance in spite of enjoying commercial Electric connection. Secondly, the Complainant admittedly enjoying the Commercial Electric connection for earning his livelihood , but he is not reselling electricity to the other for earning profit, therefore the present Complainant can be termed as consumer within the purview of the Consumer Protection Act. In this respect we may mention to the judgment passed by the Honble Supreme Court reported in (2009) (3) WBLR (SC) (321) where Their Lordships have held that supply is not synonymous with sell. Therefore, in our considered view the Complainant is a consumer and his grievance can come for redressal within the purview of the Consumer Protection Act.

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There are similar decisions from other State Commissions. You might face some difficulty if you face a 'hard to convince' District Forum (if you know what I mean), but that's something you'll have to meet.


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