M P MADHYA KSHETRA VIDYUT VITARAN COMPANY LIMITED Vs. SHIBU SHARMA

JUDGEMENT

(1.) DELAY of two months was condoned and the appeal was heard finally. The order impugned is passed ex parte, quashing an electricity bill raised by the appellant/against a commercial connection of respondent for a sum of Rs. 63,398. The connection in question was obtained by the respondent for commercial purpose, i.e. building bodies of motor vehicles. It was not the case of the respondent that he is carrying on the said business exclusively for the purpose of earning his livelihood by way of self -employment. The activity undertaken by the respondent cannot be carried out single handedly, without the help or aid of some outside person. The complaint as filed by the respondent was not maintainable, after coming into force the Consumer Protection (Amendment) Act, 2002, which took out from within the ambit of C.P. Act all the services obtained or hired for commercial purpose, except when any such service is hired exclusively for the purpose of earning one s own livelihood by way of self -employment. As already stated, in the instant case this element of earning of livelihood by way of self -employment was totally missing. The complaint of respondent, therefore, did not lie and his remedy lay elsewhere not under the provisions of the C.P. Act.

(2.) WE thus, allow the appeal, set aside the impugned order, and dismiss the complaint, leaving the respondent free to take recourse to such other remedy, as may be available to him in law. While doing so he may seek exclusion of time spent by him in prosecuting these proceedings. No order as to costs.