Heard learned counsel for the appellants. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.      Learned counsel for the appellants is present. While going through the impugned order and since this is a matter of 2008, we are inclined not to call for the DFR.

4.      As it appears from the pleadings of the parties, the complainant is a consumer under the O.Ps. It is alleged inter alia that the complainant has paid the electricity bill regularly and made an agreement for 96 K.W for his business being an unemployed youth. It is alleged that on 30.03.2007 the complainant received a letter from O.P.no.2 where he was directed to execute a fresh agreement for a contract demand of 205 KVA and to deposit further security amount  within 15 days. The complainant being   surprised by such letter made objection but the objection was not complied by the O.Ps and threatened to disconnect power supply. So the complaint was filed.

4.      The O.P.No.1 and 3 filed their written version stating that the complainant is not a consumer, as it is for commercial purpose and the Consumer Forum has no jurisdiction to entertain the complaint. It is further stated that  the complainant consumed higher load of electricity. He was asked to execute fresh agreement on the basis of altered classification. Therefore, there is no deficiency of service on the part of the O.Ps.

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

                   xxx                         xxx                  xxx

It is therefore ordered that the O.ps are directed not to ask for fresh agreement and additional security amount from the complainant, the notice to execute fresh agreement is quashed. Parties to bear their  own cost. In the peculiar circumstances of the case there is no order on compensation as the relief was not pressed. The complaint is partly allowed”.

6.      Learned counsel for the appellants submitted that the learned District Forum without discussing   materials on record has directed to quash the notice to execute fresh agreement. In support of his submission he files agreement where necessary load has been corrected. Therefore, he submitted that the connected load of the unit is more than the contract demand. Therefore, he submitted to set aside the impugned order and allow the appeal.

7.      Considered the submission and perused the impugned order.

8.      It is admitted fact that the complainant has applied electricity connection and agreement was executed for supply of 96 K.W. It is also admitted fact that the O.Ps were issued another notice as per fresh agreement for a contract demand of 205 KVA. It is absolutely under the provision of OERC Code and under the purview of electricity Act. The learned District Forum could not follow the provision of Electricity Act read with OERC Code.

Therefore, we hereby set aside the impugned order and the appeal stands allowed. No cost.

Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.