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Judgment
THE grievance of the appellant, which on the face of it is justified, is that the District Forum has not at all taken into consideration the observations made by this Commission vide order dated 17th April, 2007 passed in Appeal No. A. 1942/03 relating to the allegations of FAE and bill raised by the respondent thereon.
PERUSAL of the impugned order shows that the District Forum only decided the application under Section 27 of the C. P. Act based upon the order. The observations made by this Commission were as under: "there is no allegation of FAE against the appellant. The provisions with regard to the electricity bill raised by the respondent in respect of defective meter are contained in the Sections 20 and 21 of the Regulation of Delhi Electricity Regulation Commission, 2002. If There are allegation of FAE, it must not be for the period during which the meter remained defective and at the most may be from the date when the premises were inspected and therefore the grievance of the appellant at least for the period the meter remained defective should have been independently addressed and dealt with. "
However, the District Forum has observed that the amount already paid by the consumer by way of provisional bill for the period meter remained defective, non-functional, shall be adjusted in this bill whereas the bill of Rs. 68,802 raised in May, 2000 on the basis of allegation of theft of electricity was not in accordance with the observations made by this Commission as referred above nor these observations have been taken into consideration by the District Forum.
IN the result, we allow the appeal at the outset, set aside the impugned order and send back the matter to District Form for deciding it afresh and pass order strictly in the light of our observations as quoted above. Appellant shall appear before the District Forum on 5th May, 2008.
F. D. R. /bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities. A copy of this order as per statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal allowed.