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Judgment
WE do not find any reason to hold that there is any flow in the order passed by the lower Forum. It is admitted that the complainant supplied electricity meter at his cost and for which he produced the necessary bill to show that he purchased it for a sum of Rs. 575. He has produced a bill marked as Ex. A-1. While so, without any basis the opposite party fixed the value of the meter at Rs. 399/-. Therefore, the lower Forum rightly held that the act of the opposite party in fixing the value of the meter at Rs. 399/- as against the shown price of Rs. 575/- is unjustified and, therefore, directed them to adjust the balance of Rs. 176/- in the consumption charges. Therefore, that part of the order passed by the lower Forum is based upon a logic and facts. The contention of the appellant that the opposite party only stated that they would reimburse only Rs. 399/- towards the value of the meter and the balance has to be borne by the complainant is not at all made out. In fact in their written version they have not chosen to state specifically so they have simply stated that the value of the meter was fixed at Rs. 399/-. They have not stated that they have not accepted the value of Rs. 575/-, but have stated that they would pay only Rs. 399/- towards the same and it was agreed that the balance of Rs. 176/- should be borne by the complainant. Such a specific stand has not been taken at all in the version. Therefore, it is too late in the day for the opposite party to raise such a stand. As regards the other part of the complaint, that has been rightly rejected by the lower Forum and the complainant has not chosen to come up with an appeal in that regard. Therefore, we are of the view that there is no merit in this appeal.
CONSEQUENTLY this appeal is dismissed, but in the circumstances, without costs, confirming the order passed by the lower Forum. Appeal dismissed.