ASHOK KUMAR JIVRAJANI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The appellant complainant filed a complaint before the Rajkot District Forum stating that he had purchased a residential house in 4 Kishan para Plot No.5, Rajkot. His grievance is that near his house there are electric poles, transformer from which 11000 k. V/s. power is passing and is very dangerous and require to be removed. He has often represented to the officers of the opponent Gujarat Electricity Board but no action has been taken. A girl was affected on 13.1.92 by short circuit and was injured and they are afraid of some accident in future. The relief prayed by the complainant against the opponent is to pass an order to remove the electric wires, transformer poles etc. The District Forum, after hearing both the parties had also appointed Commissioner for making panchnama of the local place, wires, transformer etc. According to the panchnama the 11000 k. V/s. lines were earthed and pass from a distance of 6 to 7" away from the wooden strip. It was an admitted position that the transformer and electrical poles were just near the house of the complainant but the same was there since years. The estimate was given for changing the same but the complainant or his predecessor had not made any deposit. After hearing the parties, the District Forum has observed in para 14 that "the complainant has not paid any price and purchased any goods or services from the opponents, nor there is any deficiency in service hired by the complainant and, therefore, the complainant does not fall within the meaning of the word consumer as defined in Sec.2 of the Consumer Protection Act, 1986 . The District Forum has therefore come to the conclusion that the complainant is not entitled for any relief and has dismissed the complaint.

(2.) According to our opinion the District Forum wanted to say that the complainant is not a consumer within the meaning of Sec.2 (1) (d) (i) or (ii) of the Consumer Protection Act since neither the goods have been purchased nor the services have been hired for consideration. We can appreciate the anxiety of the complainant that the 11000 k. V/s. lines are passing besides his house and it is possible that accident might happen at any time. But the Consumer Forum has no jurisdiction to decide each and every type of dispute. Before the Consumer Forums can grant relief, the complainant has to prove both the things viz. (1) that he has purchased the goods or hired the services and (2) that the said purchase or hiring is for a valuable consideration.

(3.) In the instant case, none of the ingredients being present, the appellant-complainant is not a consumer and the Consumer Forum has no jurisdiction to grant any relief even if the complainant proves his case. The proper remedy for the complainant is to file a suit in a Civil Court or to approach the High Court or any other Forum permitted under the law. In the circumstances stated above, we find no error committed by the District Forum and the appeal is required to be dismissed. ORDER the appeal is dismissed. In the circumstances there will be no order as to costs.