None appeared for the respondent even after service on 13th May, 2013. Respondent is proceeded ex-parte. Heard learned proxy counsel for the petitioner and perused the record. Petitioner filed revision petition against the impugned order dated 19-12-2007 passed by learned State Commission by which while dismissing appeal, order of District Forum allowing complaint and quashing demand of Rs.4,00,000/- raised by opposite party-petitioner was upheld. This complaint pertains to offence committed u/s 135 Indian Electricity Act and against the assessment made by assessment officer for the theft of electricity. In the light of judgment passed by Honle Apex Court in Civil Appeal No. 5466 of 2012 .P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad this complaint is not maintainable before District Forum under Consumer Protection Act. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 19-12-2007 passed by learned State Commission in First Appeal No. 353/2006 is set aside and complaint stands dismissed. Liberty is granted to the respondent to seek appropriate remedy available to him before the appropriate forum. Learned counsel for the petitioner submitted that Rs. 2 lakhs has already been deposited by the petitioner in National Commission and petitioner may be permitted to withdraw this amount as revision petition has been allowed and impugned order has been set aside. Petitioner is directed to withdraw Rs. 2 lakhs deposited with the National Commission.