Electro-mechanical meter installed at the premises of the petitioner was replaced with an electronic meter on 25.5.2002.  The meter was sent to the M&T lab which reported that the seals of the meter had been tampered with.  Respondent imposed penalty of Rs.72,575/- on the petitioner, aggrieved against which, the petitioner filed complaint before the District Forum.

        District Forum allowed the complaint and directed the respondent to refund Rs.72,575/- to the petitioner within 30 days of the receipt of the copy of the order failing which the amount was to carry interest at the rate of 10% from the date of the order till realization.

        Respondent, being aggrieved, filed the appeal before the State Commission.  State Commission accepted the appeal by observing thus :

“It is an admitted case between the parties that complainant is consumer of the appellant-OPs having an electricity connection bearing account No. LC-14/145 for domestic purposes and he has been paying the consumption bills regularly to Ops. It also not disputed that old mechanical meter of the complainant was replaced by the Ops with a new electronic meter no. 25.05.2002 vide MCO No. 13/5818. Old meter of the complainant was sent to M&T lab to Know the genuineness of the M&T seals. It is alleged that as per the M& T lab report dated Sept.7,2002 when the existing meter body seals were compared with sample sealing impression of original sealer number, the same were found tampered as the same were fund duplicate in shape, size, structure and placement of  words. Taking it a case of theft of electricity energy dishonestly a penalty of Rs.72,575/- was imposed upon the complainant  as per rules of the Nigam after completing all the formalities in this regard. But the learned District Forum has failed to appreciate the documentary evidence led by the Ops in support of its case and wrongly accepted the complaint by ignoring the M&T lab report wherein it is clearly mentioned that the seals of the meter were found tampered with and the complainant was committing theft of electricity energy by tampering the meter. As such the impugned order passed by the District Forum is not sustainable in the eyes of law.”

        We agree with the view taken by the State Commission.  M&T lab had reported that the seals of the meter were tampered with and the petitioner was committing theft of electricity.

        No ground for interference is made out.  Dismissed.