Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This is an appeal filed by M.S.E.B. against the judgement and award passed by the District Consumer Disputes Redressal Forum, Thane in Consumer Complaint No.410/2001.  By allowing the complaint partly the District Forum, Thane was pleased to quash bills dated 12.01.2000, 20.07.2000 and 12.03.2001 and directed to give correct bills after giving due credit to the amount already deposited by the Complainant.  Aggrieved by this order the original Opponent has filed this appeal.

(2)                This appeal was filed in the year 2003 and till today no steps were taken by M.S.E.B. to take circulation.  Even the objections were not removed and subject to objection the appeal was accepted and on 09.01.2003 Advocate for the Appellant gave undertaking that he would comply with the objections.  But, thereafter none came to prosecute this appeal.

(3)                As per the policy of this Commission this matter was placed before us for disposal on 8^th August, 2011.  On that day this appeal was displayed on the notice board by this Commission and the board was also published on internet.  But on that day on finding that both the parties wee absent we had directed office to issue notice and notice was made returnable today i.e. 03.10.2011.  On 09.09.2011 office has sent notice by ordinary post to both the parties.  But none of them are present.  We therefore proceeded to decide the appeal on merit.

(4)                We perused the impugned order. We are finding that the grievance of the Complainant was that he was issued three bills in which the amount in credit in his name was not reflected and therefore, according to him bills were inflated.  They were issued without giving due credit for the payment already made by the Complainant to the M.S.E.B.  Those three bills were challenged on this ground alone by the Complainant.

(5)                Notice was sent to the Opponent and one Advocate for Opponent appeared but Opponent did not file written version and therefore the District Forum had perused the complaint, affidavit and documents and allowed the complaint partly and simply directed to rectify three impugned bills and also directed to give credit in those bills to the amounts already deposited by the Complainant, which was ignored by M.S.E.B. while issuing three bills.  In the circumstances, order passed on 31.08.2002 in Consumer Complaint No.410/2001 is appearing to be just and proper.  Said order is sustainable in law.  We find no merit in the appeal preferred by M.S.E.B.  Hence, we pass the following order:

O  R  D  E  R

         (i)              Appeal stands dismissed.

       (ii)              No order as to costs.

     (iii)              Inform the parties accordingly.

Pronounced on 3^rd October, 2011.