AJMER VIDYUT VITRAN NIGAM LTD Vs. MADHO SINGH

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against order dated 28.8.2009 passed by Learned State Commission in Appeal No. 149 of 2007- Ajmer Vidyut Vitran Nigam Ltd. Vs. Madho Singh by which while dismissing appeal order of the District Forum allowing the complaint was upheld.

(2.) Brief facts of the case are that Complainant-Respondent had taken electricity connection from Opposite Party/ Petitioner and was paying dues regularly. Opposite Party in bill of December, 2005 raised demand of Rs. 30,759/- plus Rs. 219/- whereas no amount was due. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before the District Forum. Opposite Party resisted complaint and submitted that Complainant had 60 HP connection with maximum 50 KVA demand whereas Complainant has used 51.9, 50.8, 50.1 KVA respectively in November, 2002, December, 2002 and January, 2003 and in such circumstances, on account of use of excess load, demand has been raised and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties, allowed the complaint and quashed the demand. Appeal filed by the Opposite Party was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

(3.) None appeared for the Respondent even after service and he was proceeded ex-parte.