Pursuant to the Voluntary Declared Load Scheme/Load Enhancement Scheme floated by the appellant in December 1995, complainant applied for enhancement of load from 5 KW to 43 HP and deposited requisite fee of Rs.46,600/-.  Till 2002, respondent had been receiving electricity bills on the basis of 5 KW load as during this period no steps for enhancement of load were taken by the appellant. Respondent was told that after installation of CT meter and new cable, the billing would be done on enhanced load and consequently the respondent did not install new machinery as neither the load was enhanced nor CT meter or new cable was changed.  When the factories were removed from the non-conforming areas, respondent approached the appellant for issuing No Dues Certificate in September 2002.  At that time, respondent was handed over a bill of Rs.1,95,771.28p as dues raised on the basis of enhanced load out of which 1.75 lakh were arrears.

        Opp.party/appellant was served but did not file reply.  Oral submissions were made that in the year 1995 itself, after a week or so of the filing of the application by the respondent, the load had been enhanced and therefore the appellant was entitled to charge on the basis of the enhanced load.  Facts stated by the respondent in the complaint remained unrebutted and unchallenged.  State Commission, taking the facts stated in the complaint to be correct, allowed the complaint and quashed the demand raised by the appellant.

        We agree with the view taken by the State Commission.  Facts stated by the respondent remained unrebutted and unchallenged.  State Commission was justified in taking the facts stated in the complaint to be correct.  Respondent, in the complaint, had stated that till 2002, respondent had been receiving the electricity bills on the basis of 5 KV load as, during this period, no steps were taken by the appellant for enhancement of the load.  According to the respondent, enhanced load was to be released only after installation of CT meter and new cable, which was never done.  This fact was neither rebutted nor controverted.  In the absence of any denial by the appellant, State Commission has rightly allowed the complaint and quashed the demand.  No case for interference is made out.  Dismissed.