Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CONSUMER PROTECTION ACT, 1986:ss. 2(1) (d), 2(1)(m), 2(1)(o) and 2(1)(g) - 'consumer', 'person', 'service' 'deficiency' - Complaint by a manufacturing unit claiming damages from Kamataka Power Transmission Corporation for delay in supply of electricity relating to the period prior to amendment of s.2(1)(d)(ii) by Act 62 of 2002 - Held: Definition of 'person' in s.2(1)(m) is inclusive and not exhaustive - Company is a person within the meaning of s.2(1)(d) r/w s.2(1)(m) - Supply of electricity to a consumer by KPTC is not sale of electricity, but would be covered u/s 2(1)(o) being service and, if the supply is not provided within the time stipulated, there may be a case of deficiency of E service as provided u/s 2(1 )(g)-Therefore, the complaint is maintainable - Interpretation of Statutes. WORDS AND PHRASES : Expression 'includes' as occurring in s. 2(1 )(m) of Consumer Protection Act, 1986 - Connotation of. The respondent in C.A. No. 1879 of 2003, a Private Limited Company engaged in manufacture of iron products, filed a complaint under the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum claiming damages from the appellant-Karnataka Power Transmission Corporation for • delay in supply of electricity. It was stated that the money demanded was deposited on 1.2.1991 whereas thesupply of power commenced in the month of November, 1992. The appellant-Corporation raised a preliminary objection as to maintainability of the complaint contending that the complainant was engaged in commercial activity and electricity being 'goods', sale thereof to a commercial consumer for commercial purpose was outside the purview of the Act. The District Forum rejected the complaint as not maintainable. The State Commission and the National Commission having held the complaint maintainable, the Corporation filed the appeal. The appellant in Civil Appeal No.17784 of 2002, a sole proprietor of a battery charging unit, filed a complaint before the District Forum challenging the demand raised by the Karnataka Power Transmission Corporation. The District Forum held in favour of the appellant. But the State Commission and the National Commission having held that the complainant was not a 'consumer' within the meaning of s. 2 (1) (d) of the Act, he filed the appeal. The questions for consideration before the Court were: (i) "Is a private limited company a 'person' as contemplated under Section 2 (1) (d) of the Consumer Protection Act, 1986? (ii) "Whether the supply of electricity by KPTC to a consumer is sale and purchase of goods within the meaning of Section 2 (1) (d) (i) of the Act, 1986?" and (iii) whether the supply of electricity by KPTC would come within the ambit of s. 2 (1) (o) of the 1986 Act so as to be covered within the purview of subclause (ii) of Clause (d) of s. 2 (1) of the Act? |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 131 |
Petitioner | Karnataka Power Transmission Corpn. & Anr. |
Respondent | Ashok Iron Works Pvt. Ltd. |
SCR | [2009] 1 S.C.R. 1109 |
Judgement Date | 2009-02-09 |
Case Number | 1879 |
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