CHANDRAKANT ANNARAO DHABALE Vs. DY EX ENGINEER, MGVCL

JUDGEMENT

(1.) THE water supply to the industrial sheds in Nandesari was taken over by Nandesari Industries Association (hereinafter referred to as 'Association'), which then started providing the said service to its members on 'no profit no loss basis'. The complainant in this case is the Chairman of the Water Sub Committee of the Nandesari Industries Association, which claims to be rendering the said service to its members on no profit no loss basis. A bill of Rs.6,55,306.34 was received by the Association due to slow meter. The complainant claims to have made part payment of the aforesaid bill. A consumer complaint was filed before the District Forum, challenging the legality of the aforesaid bill.

(2.) THE complaint was resisted by the respondent inter -alia on the ground that the main purpose of the electricity connection was to use the electricity for business purposes and therefore, the benefit of the Consumer Protection Act could not be claimed by the complainant.

(3.) THE electricity being taken from the opposite party is being used by the Association for the purpose of maintaining and running a system for supplying water to industrial sheds situated in Nandesari. Though, the said Association may not be generating any profit by supply of water to the aforesaid sheds, the fact remains that the water being supplied by the Association is being used for industrial activities, which is a commercial purpose. If the industrial sheds take water or electricity for running and maintaining a water supply system directly from the concerned authorities, that obviously would be for a commercial purpose. In my opinion, it makes no difference whether the supply is being taken directly from the concerned authorities or by forming an Association which obtains electricity from the opposite party for the purpose of running the system meant for supplying water to the industrial sheds. The electricity which the Association takes from the opposite party is eventually used for a commercial purpose since it is used for supplying water, meant for industrial use. The water supply system being run by the Association with the help of electricity taken from the opposite party is not being used for a domestic purpose. It is being used for industrial purposes which undisputedly is a commercial purpose. Therefore, it would be difficult to dispute that the services of the opposite party were availed by the petitioner/complainant for a commercial purpose. Even if the complainant/petitioner was not making any profit by the aforesaid activity, since water supplied by it was consumed for a commercial purpose, the services availed by it shall be a service availed for a commercial purpose.