LAWS(NCD)-1992-10-99

AMAR DASS THAREJA Vs. D E S U

Decided On October 26, 1992
AMAR DASS THAREJA Appellant
V/S
D E S U Respondents

JUDGEMENT

(1.) This appeal has been filed by the complainant against the order of the District Forum No.1, dismissing the complaint on the ground that the complainant is not a consumer.

(2.) Briefly the facts are that the complainant is the owner of House No.5439, situated in Karol Bagh, New Delhi. It consists of three floors, out of which ground floor and first floor arc being used for commercial purposes and second floor for residential purposes. The complainant has been given two electric connections namely No.56832 and No. K 56833 in those premises and the electricity consumed by them is being charged @ 89 paise per unit. However, the respondent from March, 1986 started sending the bills @ Re.1 per unit. It is alleged that the respondent has illegally charged the complainant @ Re.1 per unit. Consequently, he filed a complaint for the refund of a sum of Rs.1,770.41 regarding K No.56833 and Rs.5,004.60 alongwith security deposit regarding K No.56832. He has also claimed interest @ 15% P. A.

(3.) The complaint was contested by the respondent inter-alia on the ground, that the complainant was not a consumer as the electric connections were being used by him for commercial purposes. The learned District Forum accepted that plea and dismissed the complaint on the ground that the complainant was not a consumer.