Respondent/complainant is having an electric connection bearing No.ASP 241.  Premises of the respondent was checked by Assistant Executive Engineer (Vigilance).  During the checking, the vigilance staff found that M&T seals of the meter were duplicate.  Checking report was prepared.  Respondent signed the same.  A penalty of Rs.1,04,938/- was imposed on the respondent.  Being aggrieved, respondent filed complaint before the District Forum.

        District Forum allowed the complaint and quashed the penalty.  Petitioner was directed to refund the amount deposited by the respondent within one month failing which the amount was to carry interest at the rate of 9% from the date of deposit till realization.

        Petitioner, being aggrieved, filed the appeal before the State Commission, which has been dismissed.

        Primarily, the fora below have quashed the penalty on the ground that the petitioner had not sent the meter to the M&T lab to authenticate the finding recorded by the checking staff that the seals of the meter in question were duplicate. 

        We agree with the view taken by the fora below.  Petitioner was required to send the meter to the M&T lab to affirm and authenticate the checking report.  The checking report remained unsubstantiated.  No penalty could be levied on the basis of an unsubstantiated report.  Dismissed.