02.11.2012

MR. S.COARI, LD. MEMBER

Ld. Advocate for the Appellant is present and files BNA.  Respondent is unrepresented.  On perusal of the materials on record we find that against the judgement and order of this Commission dt. 25.09.06 the Respondent preferred a revision before the Hon’ble National Commission, wherein the Hon’ble Commission after hearing both sides passed an order in Revision Petition No. 1619 of 2007 thereby directing this Commission to refer the issue of defective meter to the Electrical Inspector and upon receiving report from him, hear the parties on all aspects which are left open for arguments.  In compliance to the direction of the Hon’ble National Commission an intimation was sent to the Electrical Inspector & Lab-in-Charge, West Bengal and from the report of the said Electrical Inspector & Lab-in-Charge, West Bengal, dt. 23.2.12 it appears that the said laboratory has got no provision to examine and analyse the condition of seals and expertise to ascertain any kind of tampering with any manner in respect of the electrical meter in question.  If that be the position and regard being had to the fact that since long the Respondent is not taking any steps in the present Appeal, we have got no alternative but to dispose of the Appeal ex parte in favour of the Appellant.  No order as to costs.