Antu Ram- respondent died and notices were issued to his LRs- Smt. Mariya and Bharat Singh.  Smt. Mariya has also died and Petitioner submitted that only Bharat Singh is the sole heir of respondent- Antu Ram.  He has also filed amended Memo of Parties depicting Bharat Singh as LRs of Antu Ram which is taken on record.

          None appeared for Respondent No. 2 even after service.

          Heard Learned Proxy Counsel for the Petitioner.

          Complainant- Antu Ram filed complaint before District Forum and Learned District Forum by order dated 30.5.2001 quashed demand of Rs. 70,874/- raised by opposite party- Petitioner.  Appeal filed by the opposite party was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

          Perusal of record reveals that opposite party checked meter installed at the premises of complainant and found that the installed meter was tempered with and meter was found burnt and reading was also not readable and as the complainant was committing theft of energy, penalty of Rs. 70,874/- was imposed.

          In the light of  ‘U.P. Power Corporation Ltd. & Ors.   VS Anis Ahmad’s case, the complaints pertaining to theft of energy are not maintainable before the District Forum and in such circumstances, complaint filed by the complainant is liable to be dismissed and Revision Petition has to be allowed.                            

          Consequently, Revision Petition filed by the Petitioner is allowed and impugned order dated 13.2.2008 passed by Learned State Commission in FA No. 3138 of 2001 –Sub-Divisional Officer, Haryana State Electricity Board, Siwan, Tehsil and District Kaithal  VS. Antu Ram, and order of District Forum dated 30.5.2001 in CC No. 179 of 22.7.1998, is set aside and complaint stands dismissed with liberty to the Respondent to approach to the authorities under Indian Electricity Board for redressal of his grievance.