Consumer case: regarding definition of consumer
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
THE ELECTRICITY ACT, 2003
Section 2. (Definitions) subsection- 15 "consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be.
CONSUMER PROTECTION ACT, 1986
"consumer" means any person who-:
hires or avails of 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 or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes
Case Details:
Mr X is the registered owner of property which having the electricity on the name of Mr X.
Now in year 2000 Mr. X sell the property to Mr. Y by a transfer deed.
Electricity Dept. Continue to send bill to the property in the name of Mr. X even after the transfer of property. Mr Y never informed or try to change the name in bills in electricity dept. about the purchase of property. Although Mr. Y continue to pay the bills but never replaced his name by previous owner
Now in year 2007 electricity dept. disconnect the wires from Mr Y property. Then Mr. Y apply for reconnection of electricity but Electricity Dept. Said you are not the consumer according to records in department.
Then in 2008 Mr. Y file a case in consumer forum against electricity dept. regarding deficiency in service of electricity dept. for not giving reconnection of electricity..
My questions is
1. Can Mr. Y be considered as the consumer of Electricity board since the bills were issued in the names of Mr X.
2.Can Mr. Y be considered as the consumer of Electricity board since Mr Y continue to pay the bills.
3. Is there any deficiency of service of Electricity department for not issuing reconnection of electricity as the plea of electricity dept. is that Mr Y is not a consumer according to the records.
4. and if Mr. Y is not the consumer then in what capacity he has file case against electricity dept.
5. is there any offense done by Mr Y for continue using electricity for more than 7 years without informing electricity dept. without alteration in the name of previous owner in electricity bills.?
6. Has Consumer forum any jurisdiction to try such case in which Mr. Y is not the consumer according to bills or records for electricity dept.
7. Since there is no privity of contract between Mr Y. and Electricity board so how is deficiency created?
(g)"deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service
ajay sethi
(Expert) 14 December 2011
1) no . the electricity bills have to be in his name
2)no he is not consumer
3)electricty bord is right .
4)he cannot file case against electricity department
5)he has to make an application for transfer of electricty meter in his name .
Querist :
Anonymous
(Querist) 14 December 2011
Please provide your arguments with case law as it will be beneficial and helpful to argue and also it is resolve the topic more clear way. thank you.
Because in many cases consumer forum :
Vidhyawati Gupta vs State of Delhi 2007 CPJ 272
Define the consumer as also who is actually using or availing the service.
Shonee Kapoor
(Expert) 15 December 2011
I too endorse the views of Ld. Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 19 December 2011
Thanks for the valuable suggestion
It help me convincing that def. of consumer..
I too find the def. beneficiaries in consumer act and also the judgment of national commission in 2010 defining who can or can't be consumer.
Thanks
