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W.B.S.E.B. vs SURESH DEBNATH

National Consumer Disputes Redressal Commission · Decided on 23 June 2004 · Citation: 2005 1 CPJ 112

HON’BLE JUDGES
M.K.Basu , S.Majumder , D.Karformas J.
RESULT
Appeal allgowed
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Judgment

3 paragraphs · 357 words
1.

THIS appeal has arisen out of the judgment passed by the District Forum, 24-Parganas (South), dated 21.11.2003, wherein the Forum, allowing the case on contest without cost and compensation, gave direction upon the O.P. to instal a new commercial meter in the name of the complainant in the premises in question within a month from the date of compliance of the all formalities.

2.

THE facts of the case of the complainant in brief are stated here. Being a tenant in respect of one shop room the complainant applied for new commercial meter in his name of the O.P. An inspection was held by the O.P. and the complainant was directed to deposit a sum of Rs. 3,385/- to the O.P. which he deposited, but the O.P. did not instal the new commercial meter in the premises. For this reason the complainant filed a case before the Forum praying for direction upon the O.P. to instal the meter. Being dissatisfied with the above order the W.B.S.E.B.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the complaint was filed before the Forum after the amendment of the Consumer Protection Act and according to the amended Act commercial purpose is not maintainable. According to the appellant the impugned order passed by the Forum is erroneous, unjust and liable to be set aside.

On careful perusal of the documents and records it is noticed by us that the complaint was filed by the complainant before the Forum below on 21.7.2003. The new amended Consumer Protection Act came into force on 15.3.2003. The present amended Act clearly states that a dispute where a person avails of any service for commercial purpose does not come within the ambit of the C.P. Act. We have noticed that the present respondent applied for a service connection under commercial category. We are of the opinion that the complaint is not maintainable under the amended C.P. Act. The Forum has erred in adjudicating the matter. Therefore, the appeal is allowed on contest and the impugned judgment is set aside. Thus the appeal is disposed of. Appeal allowed.