1. The present appeal is filed by the M.S.E.D.C.L. against the judgment and order dated. 14.02.2006 incomplaint case No. 23/2004 passed by Dist. Consumer Forum, Aurangabad. 2.The respodent’s case before the Forum is that, he is a cosumer of the rpesent appelllant. According to him the averabe consumption is about 300 units for two months. It is alleged that he is regularly paying the bill. He received the payment for consumption of 1431 units for the period Nov.-2002 to Jan.2003 which is excessive. The meter of the complainant was sent for testing. The new meter is installed in place of old meter, and thus he approahced the Forum for quashing and setting aside the bill for Nov-2002 to Jan-2003 and for directing the appellant to issue the bill on average basis. 3.The appelalnt appeared before the Forum and resisted the claim. The appellant contended that ther was no error in the meter. Proper bill according to reading have been issued to the respondent. 4.Forum below after going through the papers and hearing the parties allowed the compalint and set aside the bill of 1431 units for Nov.2002 to Jan.2003. Forum also directed to issue the bill of 665 unit--- 5.Being aggrived by the said judgment and order M.S.E.D.C.L. came in appeal. 6.We heard learned counsel Smt. S.S. Medhekar for appellant. She submitted that, the meter in question was tested and the report is on record. Meter is found O.K. According to learned ocunsel bill issued is as per reading and electricity consumed by the complainant. 7.We perused the papers. On perusal of papers it reveals that on the complaint of the complainant meter was get tested whcihwas found to be O.K. It also reveals that, the bills was issued as per reading. Forum did not considered this aspect and erred in ---issue the bill for 765 units. it is not known on what basis the Forum directed to issue bill ---units. Forum also observed the bill of July-03 and Sept. ...974 units. When there was no fault inthe meter when the bill issued can not be available to set aside.-- In the circumstances, we are inclined to allow the appeal. ORDER 1.Appeal is allowed. 2. The judgment and order passed by the Forum is hereby quashed and set aside. 3.Complaint stands dismissed. | 
