TAMIL NADU ELECTRICITY BOARD vs Nachimuthu

THE complaint was filed by the complainant for a direction to the opposite parties to provide electricity service connection to his well in Survey No. 950/4 and also pay a damages of Rs. 25,000/- for mental agony and cost of Rs. 2,000/-.

THE lower Forum accepted the complaint and directed the opposite parties to effect electricity service connection to the complainant''s well and also pay a compensation of Rs. 3,000/-. Aggrieved by the same, the present appeal is filed by the Electricity Board.

The contention of the complainant is that he made two applications for grant of service connection for two wells. It is disputed by the opposite parties stating that they received only one application and the said application has been accepted and service connection has been granted. In this connection, they rely upon Ex. B1, the register for receipt of applications where, we find under Item No. 126, there are some corrections and according to the complainant, originally the name of the complainant has been mentioned but for the purpose of the case, it has been now erased and the name of some other person has been included to contend that only one application has been received. In such circumstances, we do not think that it is necessary to go into the aspect since the opposite parties who were served with notice did not choose to file any version though they appeared by Counsel and submitted their arguments. They have produced at the time of argument the xerox copies of the register. The original register was not produced for perusal before the Forum below. We would leave it at that. It is also not established that a person is entitled to two service connections.

WE are of the view that this application cannot be maintained under the Consumer Protection Act, 1986. A complaint under the Act would lie only where there is any deficiency in service. A consumer is a person who hires or avails of any service for consideration, which has been paid or promised or partly paid or partly promised. Deficiency is defined as any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance. The complainant herein has only made an application for grant of service connection. It is inchoate. There is no statutory right or fundamental right inhering in the complainant to obtain such connection as a matter of right. The application will be accepted by the opposite parties only if certain conditions are satisfied. The complainant had only made a request. The request has been turned down. Therefore, there is no hiring of any service nor rendering of any service. There is no relationship of a hirer and a user as between the complainant and the opposite parties. No consideration has been paid. There is no contract of service. At best, the complainant has only submitted an application seeking electric service connection. The application cannot amount to a contract nor would empower the complainant to claim that he has any vested right to obtain such a service connection. Therefore, in our view, the complaint is not at all maintainable under the provisions of the Consumer Protection Act. Therefore, it follows that the complaint is liable to be rejected on this ground. In fine, we hold that the complaint is not maintainable and that the complainant is not a consumer and accordingly we set aside the order passed by the lower Forum by accepting this appeal. In the result, this appeal is allowed, but, in the circumstances without any costs. The order passed by the lower Forum is hereby set aside. The complaint will stand dismissed without costs. Appeal allowed.