PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.
1. This appeal is directed against order dated 18/10/2001 passed by District Consumer Forum, Bhandara in CC No. 114/2001 by which the complaint has been partly allowed.
2. The case of the complaint as set out in the complaint in brief is that he is a consumer of the original Opposite Party (for short O.P.) /appellant and he paid to it electric bills regularly. On 28/03/2001 O.P. served notice to him (complainant) to pay Rs.36,648/- for the year 1998-99 mentioning that the amount is due from him for default of meter. The bill was issued for Rs.19,000/- by the O.P. for the month of March/April which is also high and exorbitant. Therefore, the complainant prayed that direction be given to the original O.P. not to recover amount Rs.36,648/- from him.
3. The original O.P. filed its written version and submitted that the meter of the Rice Mill was defective and it was tested by the Meter Testing & Inspection Unit, M.S.E.B., Gondia. It was found reverse on “R” phase and slow by 66.6 % and therefore, amount Rs.36,648/- is to be recovered from the complainant. It is submitted that complaint may be dismissed.
4. The District Consumer Forum below, after considering the evidence brought on record, passed the impugned order and thereby cancelled the bill for Rs.36,648/- issued by the original O.P. The District Consumer Forum observed that the meter was not sent to the electric inspector and therefore, it held that meter was not defective.
5. Being aggrieved by that order the original O.P. has preferred this appeal.
6. We heard Smt. Deo, learned Advocate of the appellant and we have also perused the documents placed before us. The respondent / complainant is already proceeded exparte. The Learned Advocate of the appellant has invited our intention to the test certificate issued by the Meter Tester, Meter Testing & Inspection Unit, M.S.E.B., Gondia showing that the meter of the complainant/ respondent herein was slow by 66.6%. Adv. of the appellant submitted that in view of said test report, the bill cannot be cancelled as issued by the appellant to the complainant. We find that the said testing report cannot be doubted since it was issued on due inspection of the meter. It is also not the specific case of the complainant that the said test report is incorrect. Therefore, we hold that the District Consumer Forum below has wrongly disbelieved the said testing report and passed wrong order. The bill amount Rs.36,648/- for the year 1998-99 was cancelled as issued against the meter which was slow by 66.6% and hence, actual consumption could not be recorded in the said meter. Hence, the complainant is not entitled to the relief sought by him. Thus we proceed to pass the following order.
ORDER
1. The appeal is allowed. The impugned order dated 18/10/2001 passed by the District Consumer Forum, Bhandara in CC No. 114/2001 is set aside.
2. The complaint stands dismissed.
3. No order as to cost in appeal.
Dated:- 07/08/2013.
