Premises of the respondent were inspected by the team of officials of the petitioner company on 01.07.2004.  Electricity meter installed at the premises of the respondent was changed and the

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meter installed at the respondent’s premises was sent for laboratory testing where it was found that the electricity meter was tampered with.  Indian Electricity Act, 2003 came into force w.e.f. 10.06.2003.  The fora below have considered the case in the light of provisions of the Indian Electricity Act, 1910 which was no longer in operation in view of Section 185 of the Indian Electricity Act, 2003 as the same had been repealed.

Since the fora below have proceeded on a wrong premises applying provision of an Act which was no longer in operation, without taking note of the provisions of the Indian Electricity Act, 2003 which was applicable in the present case, the orders passed by the fora below are set aside and the case is remitted back to the District Forum Jamnagar to decide it afresh in the light of the provisions of the Indian Electricity Act, 2003.

Parties through their counsel are directed to appear before the District Forum Jamnagar on 11.10.2011.

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Since it is an old case, we direct the District Forum to decide the complaint within four months of the date fixed for appearance.