This complaint has been filed by the M/S Forta Industries Private Limited through Peer Zada Asif Mehmood (Director Operation) with the allegations that the complainant's company is consumer of sui gas through I.D 38489220004 and is paying the bills regularly; that in the month of July 2011, respondent issued incorrect bill of Rs. 2690/- which subsequently was corrected to the tune of Rs.
500/- which was paid on 14-07-11; that there was no outstanding amount of bill against the complainant but in August 2011 respondent issued a bill of an amount of Rs. 88720/- illegally and improperly to the complainant; that in the month of September 2011 the bill of Rs. 87570/- was issued by the respondent including late surcharge amount of Rs. 2850/- that the company suffered business loss due to sending of incorrect bills again and again; that a pre-requisite legal notice had also given to respondent on 01.10.2011 but no response from the other side. Due to sending of incorrect bill complainant had suffered business loss and mental agony, hence is entitled for damages of Rs. 100,00000/- along with litigation expanses Rs. 10,000/- and Lawyer fee Rs. 20,000/-. It is further prayer that respondents are also to be directed to charge the amount of Rs. 16942/- instead of 108470/- Hence, this complaint.
02. Respondent contested the claim and alleged that complainant is commercial consumer of the respondent and his sui gas meter due to tampering was removed which was sent to Central Shop Lahore, where from tampering was conformed hence respondent was issued detection bill of Rs.
87570/- correctly and instant complaint is liable to be dismissed.
03. I have hared the arguments and perused the record.
04. Complainant though has challenged the bill pertaining to the month August 2011. As per photo copies of the sui gas bills admittedly complainant is corporate body and commercial consumer of the respondent and as per Sec.2 of the Punjab Consumer Protection Act, 2005 consumer has been defined as that;-
(C) ''Consumer '' means a person or entity who-
(i) buys or obtains on lease any product for a consideration and includes any user of such product but does not include a person who obtains any product for resale or for any commercial purpose; or
(ii) hires any services for a consideration and includes any beneficiary of such services; Explanation:- For the purpose of sub-clause(i), '' commercial purpose" does not include use by a consumer of product bought and used by him only for the purpose of his livelihood as a self- employed person.
05. In the light of above definition given in the Punjab consumer Protection Act, 2005 complainant's company being corporate body does not fall within the ambit of consumer because the commercial user of the sui gas fall out of the preview of the consumer as defined in the act. The bills annexed with the record also goes on to prove that sui gas is being utilized for commercial purpose. In different pas month the bills amount shown is ranging between fifty to eighty thousand and this consumption of sui gas in no way indicates that use of sui gas is for personal livelihood by the proprietor of the company.
06. Epitome of the above discussion is that this court's lack jurisdiction to entertain this complaint which is dismissed accordingly. File be consigned to the record room after it's due completion.