IMPORTANT POINT
1. A person who applies for electricity connection by paying necessary charges becomes a consumer even till connection is sanctioned & installed.2. Electricity Board can not insist upon consumer to clear outstanding dues of earstwhile tenant in premises in question before sanctioning a fresh connection in favour of consumer

S. Majumdar, Member - This is an appeal, preferred by the CESC Ltd. against the order passed the District Forum Calcutta, Unit-I. The case of the Complainant is that he made an application before the CESC for installation of a new meter in his premises and in his name. He stated that after receiving his application he was intimated by a letter dated 04-09-2001 by CESC that due to some oustanding dues on the said premises in the name of a previous consumer, the application of the Complainant could not be processed. Being dissatisfied by the decision of the Company, he filed a case before the District Forum, Calcutta, Unit-I. The Forum below in its order dated 27-03-2002, directed the Company to install a new meter at the premises of the Complainant without asking for clearance of outstanding dues, of the previous consumer.

2. Being aggrieved by and dissatisfied with the order of the Forum, CESC Ltd. Has preferred the appeal before this Commission. Ld. Counsel for the Appellant(CESC) submits that the present Respondent(Mohit Kumar Banerjee) is not a consumer in the eye of law and a mere application for supply of electric does not entitle the Respondent to be a consumer. It is also stated by the Ld. Counsel that a person, who is not a consumer, can not file a case before the Forum/Commission, according to the Consumer Protection Act. He further submits that there are outstanding dues in respect of the premises and until and unless the outstanding dues are obtained, no application can be processed.

So the order of the Forum is prejudicial to the interest of the Appellant and it is erroneous, illegal and liable to be dismissed.

3. The Respondent did not submit any written version and he is not present during the time of final hearing.

4. The first question that arises for determination is whether the Respondent, after making the application for electric connection fall within the definition of the word 'Consumer' as defined in the Consumer Protection Act.

Under Section 2(1)(d)(ii) of the Act a person is a consumer who hires any service for consideration which has been paid or promised or partly paid and partly promised. A person who applies for electric connection has to pay the necessary charges after the .connection is given. Therefore, he is a person, who has hired the services of the Company for consideration which is promised. So we are of the considered view that, the Respondent is a consumer. Further the word 'Service' as defined in Section 2(1)(O) it means service of any description, which is made available to a potential user and includes the provision of facilities in connection with the supply of electrical or other energy. The Respondent is certainly a potential user of electricity and he is ready to pay the installation charges 'and hiring charges of the electricity. Therefore, in our view, he falls within the definition of the word 'Consumer' as defined in the Act. Moreover, the Respondent never declined to pay the consideration money to the Appellant. In a different language it may be said that there has been an implied promise on his part to pay the price of the service in question.

5. In this context we may refer to a judgment passed by the Pondicherry State Commission, reported in 1993(2) CPR, 351-352 which has held that 'an applicant for electricity connection is a consumer. This Commission also has held in its judgment, reported in III(1993) CPJ 1281, that 'a person who will pay consideration for the electricity, is a consumer. '

6. In this context, the Hon'ble National Commission also has held in its judgment, reported in I(1993) CPJ 98(NC) that 'if no payment is made at the time of registration, it does not mean that a person getting himself registered for a gas connection with the distributor is not hiring any service'. Regarding the definition of 'service'. Their Lordships in their opinion held that it is not necessary that consideration should be paid at the time of hiring service. If the transaction is suppo