Heard learned counsel for the appellant. None appears for the respondent.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that complainant is a consumer under the OP and his connected load was 2 KW even if the meter was defective. He made allegation to the OP for installation of new meter and revision of electric bill. Since the OP did not remove the defect in the meter, the complaint case was filed.
4. The OP filed written version stating that for connected load of 2 KW the bill was issued and accordingly new meter has already installed in the premises of the complainant and Rs.1,00,000/- was outstanding against him. A disconnection notice was issued due to non-payment of the arrear bill amount. Therefore, they have no deficiency in service on their part.
5. After hearing both the parties, learned District Forum passed the following order:-
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“That, the complaint petition is allowed on contest against the OP. The Opposite Party is directed to replace the defective meter and the complainant is to provide the new meter. The OP is further directed to revise the bills of the complainant from the month of January,1994 till installation of the new meter taking into account the average bills of 3 succeeding months and the connected load is to be reduced to 1.00 KW. The above order has to be complied within 2 months from the date of this order. Parties are to bear their own cost.”
6. Learned counsel for the appellant submitted that learned District Forum should have challenged the order in 2008 because the complainant was in arrear and he has not paid the money resulting disconnection notice issued. He submitted that complainant has already paid the dues for which the appeal should be disposed of accordingly.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. When learned counsel for the appellants submits that the revised bill has already paid by the complainant and there is no arrear outstanding against the complainant, we find no reason to consider the appeal and the appeal becomes infractuous. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.