PAMPADY SERVICE CO-OPERATIVE BANK LTD Vs. KERALA STATE ELECTRICITY BOARD & ANR

JUDGEMENT

(1.) THE above appeal is preferred from the order No. IA 282/06 and in CC. 106/06 on the file of CDRF, Kottayam. The complaint therefore is filed to get the additional bills dated 14.7.2006 for Rs. 6,120 cancelled. The opposite party KSEB entered appearance and contended that the complainant Service Co -operative Bank is not a consumer and the complaint preferred is not maintainable in law. The opposite party has also filed IA 282/06 to consider the maintainability of the complaint in CC 106/06 and CC 43/06. The Forum below considered the preliminary issue regarding maintainability of those complaints in CC 106/06 and CC 43/06 and thereby passed the impugned order dated 5.3.2007 holding that the complainant Pampady Service Co -operative Bank, Kottayam is not a consumer and the complaints in CC 106/06 and CC 43/06 are not maintainable. Hence those complaints were dismissed. Aggrieved by the said order the present appeal is preferred by the complainant Pampady Service Co -operative Bank Ltd., Kottayam.

(2.) WE heard both sides. The Counsel for the respondents filed argument notes also. The learned Counsel for the appellant argued for the position that the appellant, complainant is a consumer coming within the ambit of the Consumer Protection Act and that the service availed by the complainant from the opposite party KSEB cannot be considered as one for any commercial purpose. He also relied on the decision rendered by this State Commission in A.395/05 and canvassed for the position that the service availed was not intended for any commercial purpose and the service availed has no direct nexus with earning any profit. Thus, the appellant requested for setting aside the impugned order passed by the Forum below. On the other hand, the learned Counsel for the respondents supported the finding and conclusion of the Forum below. He argued on the basis of his argument notes and requested for dismissal of the appeal

(3.) THE points for consideration are:.