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Judgment
THIS is an appeal by the complainant against the order passed by the District Forum, Betul. The appellant filed a complaint before the District Forum about excess-billing and non return of N.S.C. Certificate by the non-applicant Electric Supplier. The Forum as an interim measure directed the non-applicant to explain the position about billing to the complaint. After this was done on 21st April, 1992 one Subhash Chandra Jaiswal duly appointed attorney of complainant Jugal Kishor Jaiswal made a statement before the Forum that after the meter was tested average monthly consumption of 804 units was recorded for a period of three months. On that basis upto March 1992, Rs. 2514.30 paise were due against the complainant which the complainant was ready to deposit in the next month.
ONE Subhash Pawar Sub-Engineer was examined on behalf of the non-applicant who explained the position as to the billing and stated that upto March 1992 sum of Rs. 2514.30 paise were due against the complainant. It was also .stated by this witness that N.S.C Certificate for Rs. 450/- was deposited with the non-applicant as security and if, the amount of Rs. 450/- is deposited in cash the certificate will be returned. As regards share money it was stated that out of Rs. 800/- , Rs. 700/- have been deposited and Rs. 100/- only are now due. This witness was cross-examined only on the point of deposit of share money and he has stated that on the entire amount Rs. 800/- being deposited, the share certificate will be issued. In these circumstances, the Forum has passed an order that on Rs. 450/- being deposited in cash by the complainant, the N.S.C. of that value will be returned to the complainant and on Rs. 100/- being deposited by the complainant share certificates for Rs. 800/- would be issued. No fault can be found with the decision of the Forum. The appellant has tried to raise new dispute in this appeal and actually is trying to retract the admission given by his attorney about the amount being due. This cannot be allowed to be done now at the appellate stage. We do not find any error in the judgment of the Forum. The appeal is therefore dismissed. There shall however be no order as to costs in the circumstances of the case. Appeal dismissed.