A consumer is entitled to maintain a complaint for delay in receiving an electricity connection, but if the delay is due to the consumer's conduct, the service provider may not be responsible for compensation.

Mr. Justice K.S. Verma, President—This appeal is directed against on order passed by District Forum, Ghaziabad. The complainant applied for a new domestic 4KW light and fan connection on 7th October 87 for his residence at IIF/53 Nehru Nagar, Ghaziabad. It appears that on 16.12.88 an estimate for a sum of Rs. 1055/- was received by the complainant from the EIectricity Board. The complainant deposited the said sum alongwith necessary documents on 17th January, 1989. It is however not in dispute that the meter was fixed at the Complainants residence and the line was energised on 2nd May 89. The complainant approached the District Forum with the allegations that on account of delay in giving the connection to the Complainant the Electricity Board is guilty of negligence on account of which he has claimed a sum of Rs. 58,710.50 paise details of which are enumerated in the order of the District Forum.

2. The first point that arises for our consideration is whether the complainant is a consumer within the meaning of C.P. Act, 86. From the facts narrated above, it is obvious that the complainant applied for electricity connection and was actually given the connection but his grievance is that the connection was given late and the complainant is entitled of compensation on that account. On the above facts we hold that the complainant is a consumer and is entitled to maintain the complaint.

3. On the merits the District Forum in an exhaustive Judgment has recorded a finding that the delay in the connection was due to the conduct of complainant himself. On this aspect we have heard the parties and have perused the relevant documentary evidence. After a perusal of the said documents the view taken by the District Forum that the delay was on the part of the complainant and the Electricity Board is not responsible for the same is not open to challenge.

4. We agree with the finding of the District Forum and hold that the complainant is not entitled to any compensation. The District Forum has however directed the return of a sum of Rs. 1055/- which he deposited and which was not utilised.

5. In our opinion the view taken by the complainant does not call for any interference.

6. The Appeal fails and is hereby dismissed.

Appeal dismissed.

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