(1.) THIS appeal is preferred against the order dated 4.12.2009 passed by District Consumer Forum, Bhiwani in complaint No. 558/2005 whereby the amount of Rs. 13,538 demanded from the respondent -complainant vide bill dated 6.11.2005, on account of dishonest abstraction of the electricity energy has been held illegal and set aside with the following directions to the appellants -opposite parties:
(2.) THE brief facts of the present case as can be gathered from the record are that on 18.5.2005 the electricity connection of the respondent complainant bearing account No. CK 11/2095 was checked by the officials of the appellant opposite parties (hereinafter referred to as the Nigam) in presence of the consumer and the witnesses, At the time of checking, the accuracy of the meter was checked with the help of Accucheck Meter and meter was found 65.4% slow. The connected load was found 9.036 KWs against the sanctioned load of 4.100 KWs. Checking report L.L. -1 No. 65/23 dated 18.5.2005 was prepared by the members of the checking party which was signed by the members of the checking party, complainant/ consumer as well as the witnesses. Accordingly, as per sundry item No. 264/55, a sum of Rs. 13,538 was demanded from the complainant. The complainant alleged the aforesaid demand as illegal and challenged the same by filing complaint before the District Consumer Forum. On appearance, the opposite parties contested the complaint by written statement wherein they justified the impugned demand/bill and prayed for dismissal of the complaint.
(3.) ON appraisal of the pleadings of the parties and evidence adduced on record, District Consumer Forum accepted complaint and issued direction to the opposite parties as noticed in the opening para of this order.