Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.

1. Adv.Smt.Smita Medhekar for the appellant is present . However, respondent Shri. Parshuram Balkrishan Wai is absent. It is submitted by Adv.Smt. Medhekar Ld. Counsel for the appellant that the matter is being pertain to the theft of electiricty, as per the recent decision dated 01/07/2013 of Hon’ble Appex Court in case of “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” the consumer complaint itself is not maintainable and therefore appeal deserves to be allowed by setting aside the impugned judgment and order.

2. We have perused the copy of impugned judgment and order and also copy of complaint and written version and satisfied that the matter pertains to the theft of electricity. Therefore, in view of the decision of Hon’ble Apex Court in the case of “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” the complaint itself is not being maintainable under Consumer Protection Act, the impugned judgment and order deserves to be set aside by allowing the appeal.

Accordingly, appeal is allowed. The impugned judgment and order passed by the Dist. Forum is hereby quashed and set aside. No order as to cost.