RADHIKA LITHO PRESS Vs. FUSER GRAPHIC EQUIPMENTS

JUDGEMENT

(1.) The complainant Sumo Steels Pvt. Ltd. have purchased the unit from Vaibhav Steels Pvt. Ltd. under Sec.29 of the SFC Act from Uttar Pradesh Finance Nigam. It is alleged in para 8 that the industries registered under Small Scale Industries, the Company is engaged in production of steel. There is dispute in this case regarding the arrears of electricity supplied to the Vaibhav Steels Pvt. Ltd. and also system loading charges. It is said that a sum of Rs.11,70,000/- has been paid by the Vaibhav Steels Pvt. Ltd. It was previously adjusted by the Electricity Department. Again, it is being realised from the complainant. Hence, the complaint.

(2.) The opposite party filed objections and alleged that the arrears were realised in 12 instalments.11 instalments have already been paid by the complainant. Besides, the dispute with Vaibhav Steels Pvt. Ltd. is a separate dispute, but the system loading charges are to be realised afresh. By clerical or official mistake, earlier the payment made by Vaibhav Steels was adjusted, that is not correct and the Corporation is fully entitled to recover this amount.

(3.) Before going into the controversy, it was raised by the learned Counsel for the opposite party that the electricity supplied to the earlier unit or the present unit is for production of steel and, therefore, it is for commercial purpose and a complaint shall not lie before the Consumer Courts.