BSES Commercial users are not consumers : National Commission

The National Consumer Commission has held that commercial users cannot move against service providers for any deficiency in service under the Consumer Protection Act.

The Commission held that commercial activities like bars and restaurants cannot be termed as consumers and they cannot approach the consumer court for redressal of their grievances. It said they can approach alternative forums like courts.  

The apex consumer body passed the order on a plea of private discom BSES Rajdhani Power which was directed by the State Consumer Commission to pay Rs 50,000 to Saraf Project (SPPL), a resto-bar, for allegedly giving inflated electricity bill.

 

The Commission set aside the order of the State Commission and pulled it up for passing such an order.  

"Complainant is a person who is availing the services of BSES for commercial purposes and therefore falls outside the purview of the consumers," the Commission comprising members Justice R C Jain and Anupam Dasgupta said.  

However, it does not mean that the company will be left remediless as they can approach any other appropriate forum, authority or court, the Commission added.

The Commission held that the company does not come under the ambit of definition of "consumer" and the complaint filed by it should not have been entertained by the Delhi Consumer Commission.  

"A bare reading of the definition of consumer should not leave doubt of any kind that any person who hires or avail the services for any commercial purpose is not a consumer and therefore will not be covered under the definition of complainant," the Commission said.   

Earlier, the private discom submitted the complaint "being false, frivolous and devoid of any merit" was filed with malafide intentions and said the company was not a "consumer" as it has obtained the electric connection for commercial purposes.