IMPORTANT POINT
Commercial Purpose - The Ice manufacturing plant run by the Respondent with Electricity taken that the appellant company is not being used for domestic purpose it is being used for industrial purpose means commercial purpose and CP Act clearly bars the activity for commercial purpose.

ORDER

Smt. Sunita Channabasappa Bagewadi, Member—This appeal is filed by the appellants/Opposite parties being aggrieved by the Order dated 22.03.2014 passed in CC.No.66/2012 on the file of District Consumer Disputes Redressal Commission, Uttar Kannada at Karwar and prays to set-aside the order and to allow the appeal in the interest of justice and equity.

2. The brief facts of the case are as under:

That the complainant had established an ice manufacturing plant for his self employment to earn his livelihood and he had obtained electricity connection bearing meter no.CHMP-7 on 28.11.1996 under type Rt-5. Since he had suffered heavy loss he could not pay the electricity bill within time and as such he was due in a sum of Rs.2,18,777/- as on 04.01.2002. This bill is inclusive of the consumption charges, fixed charges and arrears. He could not pay the said amount because of financial crisis. Therefore the OP has disconnection the electricity connection on 12.01.2002 and thereafter it was not reconnected. The OP has adjusted security deposit of Rs.1,02,774/- as against the outstanding dues. The balance amount payable by the complainant was Rs.1,15,503/-. But the OP has issued a demand notice dated 29/08/2011 claiming a sum of Rs.4,22,257/-. Further, on enquiry the OP has issued calculation sheet showing the outstanding dues as Rs.4,80,117/-. The complainant however in order to avoid disconnection of electricity supply to his residential house, paid the amount under protest. Thereafter he requested the OP several times to refund the excess amount paid by him under Sec. 62(6) of the Indian Electricity Act, 2003 as he was liable to pay only Rs.1,15,503/-. But the OP has not refunded the excess amount. Hence the complainant for the above relief’s on the allegations of deficiency in service. But he has not paid the disputed bill of Rs.1,73,105/- w.e.f. 28.11.1996 to 16.01.1997 and the month of May 1997 to July 1997 inclusive of Audit Short Claim.

3. The consumption charges of Rs.46,740/- for 9600 units till the date of disconnection were not paid by the complainant. The consumption charges Rs.52,270/- for the month of December 2000 was also not paid by him. The cheque issued by him was bounced. He has also not paid the fixed charges and line minimum charges from the date of disconnection. Thus after deducting the deposited amount of Rs.1,02,774/- he was due in a sum of Rs.1,00,320/- and the above said disputed amount of Rs.1,73,105/-. The interest for the non paid disputed amount from 12/1998 to 10/2002 was worked out at Rs.1,46,582/-. Hence a demand notice was issued to him elaiming Rs. 4,20,007/-. Since he had not paid the said amount the Op has issued letter in form no. B dated: 8/1/2004 for Rs.4,80,117/- inclusive of 5% penalty interest of Rs.21,300/- and recovery fee of Rs.50/-. There is no deficiency in service on the part of the OP.

4. Being aggrieved by the said order, the appellants/Opposite Parties have preferred this appeal on various grounds.

5. After service of notice, the OP appeared through his counsel and filed return version and admitted that he had supplied the Electricity connection to the complainants Ice Manufacturing Plant and the complainant had paid regularly monthly bill up to 31.12.2001 and contended that the dispute payment he had not paid Rs.1,73,105/- w.e.f 28.11.1996 to 16.01.1997 and the month of May 1997 to July 1997 inclusive of audited short claim. Further, contended that the consumption charges of Rs.46,740/- for 9,600 units till the date of disconnection were not paid by the complainant. A consumption charges of Rs.52,270/- for the month of December 2000 was also not paid by the complainant. Further, the cheque issued by him was bounced and he has also not paid the fixed charges and line minimum charges from the date of connection. Hence, after deducting the deposited amount of Rs.1,02,774/- he has due sum of Rs.1,03,200 and above said disputed amount Rs.1,73,105/-. Further, the interest of non paid de