Undisputed facts of the case are that the respondent / complainant is a tenant of one Shri Ram Saran, who is a owner of A-16, Lovely Apartments, Delhi.  These apartments are maintained by the petitioner society.  It is not in dispute that the petitioner society had obtained one electricity connection from the electricity supplier, who in turn, had installed sub-meters in each of the apartments and

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were collecting electricity consumption bill(s) from the occupants and paying it to the electricity supplier.  It was the case of the complainant that the sub-meter installed by the petitioner society was running fast and consumption was showing 150% more than the actual consumption as reflected by the reading on the basis of a parallel meter installed by the complainant.  The matter was taken-up with the Petitioner society and when the matter was not getting sorted out, a complaint was filed before the District Forum, who after hearing the parties directed the petitioner to issue revised bill and to refund the proportionate amount with interest @15% p.a. to the complainant, as the sub-meter installed by the petitioner society was showing 150% more consumption than the actual consumption.  On account of deficiency in service on the part of the petitioner, Petitioners were also directed to pay compensation of Rs.50,000/- alongwith cost of Rs.1,000/-. 

Aggrieved by this order, the petitioner filed an appeal before the State Commission which by its impugned order reduced the compensation from Rs.50,000/- to Rs.25,000/- and waived off the

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pending amount of Rs.10,000/- due on the respondent towards the electricity consumption. 

Not satisfied with the order passed by the State Commission, this revision petition was filed.  The revision petition was disposed of by us on 19.10.2009 by further reducing the compensation to Rs.15,000/-.  The amount was to be paid after adjusting the outstanding amount of Rs.12,000/- which was due from the respondent to the petitioner.  The petitioner was directed to pay the balance of amount of Rs.3,000/- plus costs of Rs.1,000/- imposed by the District Forum.

Petitioner has already complied with the direction issued by this Commission in this order by paying Rs.4,000/- to the respondent.  The petitioner has sought review on the ground that the order is silent regarding the sum of Rs.29,123/- withdrawn by the petitioner in view of the interim order passed by this Commission on 05.9.2006.  The respondent has received the sum of Rs.29,123/- vide cheque no. 050159 dtd. 16.9.2006 drawn in favour of the respondent, photocopy of which has been filed today and is taken on record.  According to

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him, the respondent is liable to refund the sum of Rs.29,123/- to which he is not entitled in view of the final order passed by this Commission.

Notice was issued to the respondent.  Notice sent has been received back duly acknowledged.  There is no representation on behalf of the respondent.  Ordered to be proceeded ex-parte.

We find substance in the submission made by the counsel for the petitioner that the respondent is not entitled to retain the sum of Rs.29,123/- in view of the final order passed by this Commission.  Accordingly, the order is modified and the petitioner is entitled to recover the sum of Rs.29,123/- from the respondent.  The respondent is directed to pay this amount to the petitioner and if the same is not paid, the petitioner would be at liberty to recover the same in accordance with law.

Misc. application stands disposed of in above terms.