Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

Heard Mr.P.R.Hegde-Advocate for the appellant and Mr.Harish Bhandari-Advocate for the respondent.

There is delay of 9 days in filing this appeal.  Since the delay is marginal and not intentional, we condone the delay in filing this appeal. M.A.no.1463/09 for condonation of delay stands disposed of.

On merits of the case, we find that there is dispute about change of tariff i.e. from the category of residential to commercial. However, in the instant case even if it is a consumer dispute, the service provider is admittedly M/s.Reliance Energy Ltd.  Consumer complaint is not filed against company but against its General Manager.  Both are different juristic persons.  Under the circumstances, to meet the ends of justice, we find it proper to remand the matter, where opponent/original complainant can take necessary steps to rectify the defects. We also note that appeal is filed by M/s.Reliance Energy Ltd. itself, obviously treating itself as an affected party.  We hold accordingly and pass following order:-

                             ORDER

1.     Appeal is allowed.

2.     Impugned order dated 02/05/2009 is set aside and matter is remitted back to forum below in the light of observations made above.

3.     Both the parties shall appear before the forum below on 25/2/2011.

4.     Forum below on appearance, if the complainant so desires, give an opportunity to correct the title of the complaint and if such an application is made it shall be decided on its own merit according to law.

5.     Amount deposited under section 15 of Consumer Protection Act, 1986 be refunded to the appellant.

Copies of the order be furnished to the parties.