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 the  complainant is a consumer under the OPs. It is alleged inter-alia that  Ops were  issuing by-monthly  bills  to the complainant which were  deposited by the complainant  and there was no  outstanding dues against the complainant  till October,2002.  It is alleged that  Ops issued bill on 6.1.03  charging  1643 units  for an amount of Rs.6170/- to be paid on 20.01.2003. After inspection of the meter on 21.01.2003  the Ops  again issued bill of Rs.3442.90 and thereafter  they verified  the bill by issuing   the bill of Rs.3144/- as outstanding against the complainant. It is alleged by the complainant that the OP, without making  proper reading of the meter between 29.09.2000 till 30.04.2003,  have issued the bill on dtd.06.05,2003 which should be quashed. Challenging  said erroneous bills, the complaint was filed.  

4.                  The OPs     filed  written version stating  that they have acted upon as per OERC Code,1998. They have inspected  the premises of the complainant on 21.01.2003 and found there is excessive consumption of energy ½ KW extra  used by the complainant. However,  they have submitted that  bills for October,2000  to 2/2003   has been revised  as per actual meter reading. Therefore, there is no deficiency in service on the part of the OPs.  

5.                   After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                    “ Hence, considering the prayer of the complainants  we quash the bill dt.6.5.2003 issued by the Ops and direct the Ops being jointly and severally liable to issue bills as per correct meter reading and to pay Rs.2000/- towards compensation besides Rs.500/- towards cost of litigation to the complainants within 30 days from the date of this order, failing which the awarded sum shall carry interest @ 6 % per annum from the date  of order till payment.”

6.                  Learned counsel for the appellant  submitted that    learned District Forum has committed error in law by not considering the written version  and other materials on record with proper perspectives. According to him  the bill has been revised from 10/2000 to 2/2003  and fresh  bill has been issued. The complainant without understanding all the facts  filed the false case against the Ops.  Therefore, they submitted to  set-aside the impugned order by allowing the appeal.

 7.               Considered the submission of learned counsel for the appellant,   perused the DFR and impugned order.

8.                    We have gone through the verification report and other materials on record. It is found that the complainant was using 1 KW contract load. It is also admitted fact that the bill for Rs.6170/- has been revised and fresh bill has been issued showing arrear of Rs.3144/-. When the bill has been revised and there is no arrear charged by the OP, we are inclined to  set-aside the impugned order because deficiency in service already removed.

                 Therefore, the impugned order is set-aside and appeal stands allowed. No cost.

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                   DFR be sent back forthwith.