The Checking Squad, on inspection, found that the meter installed at the premises of the petitioner had a small gap between the meter glass and meter cover at the bottom side through which x-film could be inserted.  Meter was sent to the M&T Laboratory, which in its report stated that there was a small thin gap between the meter glass and meter body at the bottom side through which thin foreign material could be inserted.  On the basis of the report submitted by the M&T Laboratory, the petitioner was served with a Notice to pay Rs.1,07,029/- by way of penalty, which was challenged by the petitioner by filing the complaint before the District Forum.

          District Forum allowed the complaint.  The decision of the District Forum has been reversed by the State Commission.  Counsel for the petitioner states that the gap in the meter was pre-existing.  This cannot be accepted in view of the report of the M&T Laboratory.

          We agree with the view taken by the State Commission.  Dismissed.