A person who merely makes an application for electricity connection and pays application registration fee is not a 'consumer' within the meaning of Section 2(1)(d)(ii) of the Consumer Protection Act, 1986.

Mr. Justice Navin Chandra Sharma, President—This appeal has been filed on behalf of Rajasthan Stale Electricity Board, its Asstt. Engineer, Executive Engineer and the Chairman against the order of District Forum, Churu dated 8.4.93 whereby the District Forum awarded a compensation of Rs. 21,000/- to the complainant-respondent as against the appellant.

2. Complainant-respondent filed a complaint before the District Forum, Churu on 22nd October, 1991 alleging that on 3rd June,1988 he had made an application to the Asstt. Engineer, Rajasthan State Electricity Board, Churu for the sanction of electricity connection, to his well on agriculture field in the vicinity of Churu. According to the complainant, well had been newly dug and constructed in the year 1988. However, despite the complainant’s application being in priority, electricity connection was given to other persons, but not to the complainant The Asstt. Engineer made a wrong note on me application of the complainant that there did not exist the well on the agriculture field. The Asstt Engineer had not given any notice to the complainant before making this note and the field had also not been inspected in the presence of the complainant. The application made by the complainant was cancelled without giving him any opportunity of being heard. It was stated that in case electricity connection would have been sanctioned on the well of the complainant in September, 1989, the complainant would have sown and harvested four crops. The complainant suffered loss of Rs. 98,000/- due to non-sanction of the Electricity connection which he was entitled to get from the opposite parties. Apart from that, he further claimed an amount of Rs. 2,000/- as he had to visit the office of Asstt. Engineer, Executive Engineer and the Superintendent Engineer, Churu on several occasions and he had also incurred expenses in making correspondence.

3. Upon a reference being made, the opposite parties filed their version on 14th January, l992. In their version the opposite parties admitted that the complainant had made an application for grant of electricity connection to his well on agriculture field. The Asstt. Engineer had inspected the site and he found that the well did not exist. The application was therefore rejected and information was sent to the complainant by the Asstt. Engineer on 7th September, 1989 regarding rejection of the application. It way also stated that after rejection of the application for grant of electricity connection, the complainant had moved another application for electricity connection, which was pending consideration. It was pleaded that on 4.4.91 the complainant made an application under immediate priority scheme for sanction of electricity connection on that very well. When the field was inspected on the receipt of this application, there existed well on the field and a demand note was sent to the complainant requiring him to deposit an amount of Rs. 26,650/-. The amount mentioned in the demand had not so far been deposited by the complainant, As the complainant had filed second application for electricity connection, the first one had become infructuous.

4 The District Forum, Churu held that the complainant had made an application for sanction of electricity connection on 3rd June, 1988 in the prescribed form. The prescribed form also contained the terms of the agreement on the back of the form. The complainant had accepted these terms and had signed at the end of the application form and also deposited a fee of Rs, 10/-. The priority of the intending consumer is determined on this basis and electricity connection is sanctioned on deposit of charges required by the Rajasthan State Electricity Board. It was held that the complainant was, therefore, consumer within the definition assigned to this term by the Consumer Protection Act, 1986. Apart from that, in the general conditions of supply Issued by the Rajasthan State Electricity Board, intending consumer is also incl