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2(1) m :
"Person Includes"
1) a firm whether registered or not;
2) a Hindu undivided family;
3) a co-operative society; 4) every other association of persons whether registered
Section 2(1)(o) :
"Service' means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying a news or other information, but does not include the rendering of any service free of charge or under a contract of personal service."
Supply of electricity by the Board or for that matter KPTC to a consumer would be covered under Section 2(1)(o) being `service' and if the supply of electrical energy to a consumer is not provided in time as is agreed upon, then under Section (2)(1)(g), there may be a case for deficiency in service.
company is excluded from the definition of `person' since the object of the Act, 1986 is to provide an affordable remedy to individuals or four categories of collectivity or associations of individuals which may constitute legal entities for suing or being sued. According to learned counsel, the companies incorporated were never intended to be covered by Act, 1986 as they could always pursue the ordinary remedy provided in law. The learned counsel also submitted that the word "includes" must be read as "means".
The complainant's case does not fall within the scope of Section 2(1)(d)(ii) of the Act, 1986. The expression "service" in Section 2(1)(o) cannot be read in a wider sense as it is circumscribed by the word "facilities", thereby limiting the service only to the consumers of facilities in connection with supply of electrical energy. In other words, the dispute relating to sale and supply of electricity does not come within the ambit of "service" under Section 2(1)(o) of the Act, 1986. If for the arguments' sake, it is treated "service", since it is for commercial purpose, it is excluded from the purview of sub-clause (1)(d)(ii).
The complaint by the company before the Consumer Forum against KPTC was incompetent and not maintainable because the complainant is not a `person' under Section 2(1)(m) of the Act, 1986 and as such the complainant is not the `consumer' within the opening limb of the definition of that expression in Section 2(1)d
. The resort of the word `includes' by the Legislature often shows the intention of the Legislature that it wanted to give extensive and enlarged meaning to such expression. Sometimes, however, the context may suggest that word `includes' may have been designed to mean "means". The setting, context and object of an enactment may provide sufficient guidance for interpretation of word `includes' for the purposes of such enactment.
The General Clauses Act, 1897 in Section 3(42) defines `person':
"Person shall include any company or association or body of individuals whether incorporated or not."
Thus, the definition of 'person' was inclusive and not exhaustive. When so construed, 'any person' mentioned in the definition of 'consumer' in section 2(1)(d) would include a company
Consumer" means any person who :
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtain such goods for resale or for any commercial purpose; or
(ii) hires any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person."
Actual supply of the power commenced in the month of November, 1992.
The company accordingly filed a complaint under the Consumer Protection Act, 1986 before the Consumer Disputes Redressal Forum, Belgaum claiming damages in the sum of Rs. 99,900/- for delay in supply of electricity
The company is said to have deposited an amount of Rs. 8,40,000/- as per demand
KPTC did not commence supply of electricity as agreed upon. Company Approached Karnatak High Court
5 Nov, 1992
16 Apr, 1992
1 Feb, 1991
1992, the High Court directed KPTC to supply electrical energy as per sanction forthwith and subsequently, time for supply of electricity was extended by the High Court upto 21st July, 1992
KPTC raised an additional demand of Rs. 8,38,000/- from the company and further demand in the sum of Rs, 1,34,000/-. The company is said to have deposited the said amount