MANJU SINGH CHAUHAN Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) The Complainant Mrs. Manju Singh Chauhan, (M.D.), Silencers India Pvt.Ltd., Indore has filed the complaint before this Commission against the M.P., Electricity Board alleging illegal disconnection of power supply and claiming compensation for the consequential loss.

(2.) The Opposite Party raised a preliminary objection to the maintainability of the complaint before this Commission. The Opposite Party has contended that the M.P. Electricity Board was constituted under the Electricity Supply Act, 1948 and being a corporate body is excluded from the provisions of the M.R.T.P. Act and therefore, a charge on the ground of unfair trade practice could not be the subject matter of a complaint before the Consumer Commission and that the Consumer Protection Act, 1986 did not apply to the Opposite Party.

(3.) In their additional submissions of 5th September, 1991 the Opposite Party (Electricity Board) has contended that the complainant was manufacturing silencers for sale and profit; she purchased electricity for a commercial purpose and hence she is not a consumer under the Consumer Protection Act. Further Opposite Party has argued that there was no element of hiring the sale of electricity and hence the Complainant is not consumer under the Consumer Protection Act.