RAMNATH PANJIYAR Vs. URBAN ELECTRIC SUPPLY DIVISION

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against the order dated 2.4.2008 passed by Learned State Commission in FA No. 388 of 2005- Electrical Executive Engineer, Urban Electric Supply Division Vs. Ram Nath Panjiar, by which while allowing the appeal, order of the District Forum allowing the complaint was set aside.

(2.) Brief facts of the case are that Complainant/Petitioner had taken commercial connection with 6.25 HP load for operating and running a welding machine, a drilling machine and a grinder. Opposite Party/ Respondent issued electricity bill with effect from 1991 on the basis of 15 HP load. Alleging deficiency in service on the part of Opposite Party, Complainant filed complaint before the District Forum. Opposite Party resisted complaint and submitted that on checking, it was found that complainant was having the capacity of 8.95 HP load instead of 6.25 HP and there was no plate relating to capacity of the welding machine. In such circumstances, as per Board's tariff notification dated 26.8.1991, the capacity of machine was treated as 15 HP and bill was sent accordingly. Denying deficiency on their part, Opposite Party prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed the complaint and directed the Opposite Party to issue bill on the basis of load of 6.25 HP. Appeal filed by Opposite Party was allowed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

(3.) Heard Learned Counsel for the parties and perused the record.