The State Consumer Disputes Redressal Commission has held that a person who avails of a service for commercial purposes does not come under the definition of consumer under the Consumer Protection Act unless such person avails it exclusively for eking out one’s living by means of self-employment.
The Commission made the observation while setting aside an order of the Thrissur Consumer Disputes Redressal Forum quashing the arrear bills and disconnection notices issued by the Kerala State Electricity Board to a cooperative hospital in Thrissur.
The Commission pointed out that the complainant was a hospital and it could not claim the status of a consumer. Nor the cooperative hospital president had not stated that he was eking out a living by way of self-employment. The hospital admittedly availed of the service from the KSEB and was using the power connection to carry out its business activities. It had no locus standi to file a complaint before a consumer forum as it was using the power supply for commercial activities.
The Assistant Secretary, Electrical Department, contended in its appeal that the power connection was non-domestic and was utilised for running an Ayurvedic hospital which was a commercial activity. Besides, the hospital would not come under the definition of consumer as per section 2(1) (d) of the Consumer Protection Act.