consumer case
Sarvesh Kumar Sharma Advocate
(Querist) 26 February 2009
This query is : Resolved
dear friends,hello.i am facing some problem regarding my case in consumer forum.I filed a consumer case in distt.consumer fourm ageinst electricity dipartment.in this case the father of plentiff had apllied for an electricity connection in 1991,which was not issued till he died in 1999, and now his 2 sons are left behind and the electricity deptt.despite of the fact that there are no wires or poles whatsoever(it is a tube well connection)till date, has generated the bill w.e.f 1991.his sons presented an application to S.D.M. office complaining of the bill and connection.after the complaint the elec.deptt. isuued electricity pole and wires in '94 but it was not connected as the result the above sais equipment is still lying idle at the site of connection,but the bill is still being generated every month.aggrieved form this exercise one of the son filed a consumer complaint.an advocate commission was carried out by the forum and the complaint was found to be true.now this case is in final arguements.some days earlier state forum,lucknow,passed a ruling that consumer is the one in whose name is the connection as a result one cannot be a consumer untill he has a connection on his name. my queries are as below.
1.)as per section 2 of C.P.act the legal hiers are the consumers.so that makes the son a consumer.but,disst.forum,due to State Forum,lucknow's ruling denies that the son being a consumer.and the view of distt,fourm is also with the state fourm i.e-son is not consumer whenever he is not named on the regd.connection.
2.he left two sons behind,and the case has been filed by only one son with the consent of the other son,but the consent is not on the file.then what is the status of this complaint?
3.any amendment on this stage will make my case better? if itis possible then how (only final argument is left now )suggest me ????????????? s.k.sharma advocate
Manish Singh
(Expert) 26 February 2009
the state commission has erred in its decision and needs to be reviewed.
as per the definition you are under the definition of the consumer
Section 2(1)(d) defines "consumer" as follows:-
"Consumer" means any person who, -
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtain such goods for resale or for any commercial purpose; or
ii)hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or
partly paid and partly promised, or under any system of deferred payment, but does not include a person who obtain services for any commercial purpose, when such services are availed of with the approval of the first mentioned person."
A. A. JOSE
(Expert) 27 February 2009
Your question is not very clear. If connection was not released by the electricity department, there is no question of billing by the department. There appears that some vital facts are missing from your query. Kindly elaborate in details.
Sarvesh Kumar Sharma Advocate
(Querist) 27 February 2009
A.A.JOSE SIR,MAIN DISPUTE IS THIS THAT WITH OUT ENERGIGE THE ELECTRYCITY ,DEPTT. IS ISSUING THE BIIL REGULARLY.BUT IT NOT PROBLEM ; PROBLEM IS GIVEN BLOW IN MY QUARY.PLZ.SEE AGAIN MY QUERIE AND SUGGEST ME ABOUT 1.)as per section 2 of C.P.act the legal hiers are the consumers.so that makes the son a consumer.but,disst.forum,due to State Forum,lucknow's ruling denies that the son being a consumer.and the view of distt,fourm is also with the state fourm i.e-son is not consumer whenever he is not named on the regd.connection.
2.he left two sons behind,and the case has been filed by only one son with the consent of the other son,but the consent is not on the file.then what is the status of this complaint?
3.any amendment on this stage will make my case better? if itis possible then how (only final argument is left now )suggest me ????????????? s.k.sharma advocate
Sarvesh Kumar Sharma Advocate
(Querist) 27 February 2009
dear friends,hello.i am facing some problem regarding my case in consumer forum.I filed a consumer case in distt.consumer fourm ageinst electricity dipartment.in this case the father of plentiff had apllied for an electricity connection in 1991,which was not issued till he died in 1999, and now his 2 sons are left behind and the electricity deptt.despite of the fact that there are no wires or poles whatsoever(it is a tube well connection)till date, has generated the bill w.e.f 1991.his sons presented an application to S.D.M. office complaining of the bill and connection.after the complaint the elec.deptt. isuued electricity pole and wires in '94 but it was not connected as the result the above sais equipment is still lying idle at the site of connection,but the bill is still being generated every month.aggrieved form this exercise one of the son filed a consumer complaint.an advocate commission was carried out by the forum and the complaint was found to be true.now this case is in final arguements.some days earlier state forum,lucknow,passed a ruling that consumer is the one in whose name is the connection as a result one cannot be a consumer untill he has a connection on his name. my queries are as below.
1.)as per section 2 of C.P.act the legal hiers are the consumers.so that makes the son a consumer.but,disst.forum,due to State Forum,lucknow's ruling denies that the son being a consumer.and the view of distt,fourm is also with the state fourm i.e-son is not consumer whenever he is not named on the regd.connection.
2.he left two sons behind,and the case has been filed by only one son with the consent of the other son,but the consent is not on the file.then what is the status of this complaint?
3.any amendment on this stage will make my case better? if itis possible then how (only final argument is left now )suggest me ????????????? s.k.sharma advocate
V.V.RAMDAS
(Expert) 27 February 2009
Mr Sarvesh k Sharm,
Your question is very simle and Mr Manish Singh has correctly narrated the Secion 2(i)(d)C.P Act, the defination of Consumer.So as per the defination any beneficiary can be a consumer , son is also a consumer.Secondly, the other son need not give his concent.No amendment is needed. I too agee with Manish.
sanjay singh thakur
(Expert) 28 February 2009
Dear Sarvesh
Being a Consumer Lawyer I can assure you that son is a consumer. The judgement of the Hon'ble State commission will definitely be set aside by the Honble National Commission. Moreover i will provide you the requisite citation. Don't worry.
M. PIRAVI PERUMAL
(Expert) 28 February 2009
I agree with the views of my learned friends.
