Today Ld. Lawyer for the complainant is present.  No written version is filed by the op no.1 though last chance was given.  In the above circumstances we heard the Ld. Lawyer and the matter is heard finally exparte for.

          Fact remains that this complaint was filed by the complainant praying for relief against the CESC when CESC disconnected electric connection line for arrear bill of complainant and complainant claim is that their bill is inflated bill and without considering his objection and without checking up the meter and without assessing the proper bill disconnection was made in respect of his Consumer No. 36055266008, being Meter No. 2241830, Meter Type-Commercial.  But complainant has prayed that he is willing to pay in the present situation the balance dues by installment and on receipt of the first installment, the connection may be restored.   But anyhow the op Company did not respond for which the complainant was compelled to file this case.

          Anyhow after hearing the Ld. Lawyer for the complainant and the basic allegation of the complainant it is palpably proved that complainant is defaulter in payment arrear of bill and moreover complainant has alleged that the meter reading is inflated and bill as prepared by the op is also inflated one and under any circumstances it was no correct and meter was defective that was not appropriately adjudicated by the op CESC and for which he suffered much as consumer.  But considering the main allegation of the complainant, it is clear that it is not only billing dispute but at the same time allegation of the complainant regarding the reading of the meter and challenge is also made that meter is defective that was not taken in to account by the CESC and for non-payment of inflated bill the connection was disconnected.

          On overall study of the entire provision of Law and particularly the very recent judgement of the Hon’ble Supreme Court, we are convinced to hold that any dispute regarding defect of meter shall be decided by the Electricity Inspector or Officer as per provision of Section 126 of the Electricity Act and no doubt it is a matter which is under the control of the Electricity Authority and complainant in this regard ought to have filed an application along with requisite fees for verification of the meter.  But that had not been done.  At the same time, it is found it is a commercial connection and probably there was some pilferage for which Electricity Authority checked it and it was detected that the meter reading was increased and fact remains in this case such a dispute cannot be considered by the Consumer Forum and regarding payment of arrear bills Ld. Lawyer for the complainant submitted that complainant is willing to pay the bills but complainant is willing to pay it by some installments and to this effect an order may be passed.  But after considering the entire matter we have gathered that practically it is a commercial line and complainant did not file any application praying for checking up the said meter and its genuinity regarding reading.  But on the other hand it is found that complainant submitted an application to the op for restoring the said line and for giving him a chance to pay the arrear bills of Rs.38,660/- by installment.  But that was no considered when complaint was filed.  But it is to be mentioned in this regard that the complainant has failed to show that op did not properly render his service rather it is found that regarding rendering service, there is no allegation.  But only allegation is that complainant was not permitted to deposit the huge bill by installment.

          On in depth study of the entire complaint and the version of the complainant and also considering the materials as produced we find practically complainant appeared before this Forum for getting an order so that he may pay the bills by installment.  But there is no other allegation.  So, considering that fact we find that no other relief can be granted except his prayer for granting payment of the entire dues by installment may be taken in to account for giving this complainant a last chance to clear the arrear dues and to get back the connection. 

          Accordingly, the complaint is disposed of with such conclusion.

          Hence, it is

                                                        ORDERED

          That the complaint be and the same is allowed of exparte without any cost against the op.