Reply alongwith documents sent by post was received yesterday.

          Heard Learned Counsel for the Petitioner and Respondent in person and perused the record.

          Complainant filed complaint before District Forum against opposite party/ petitioner and Learned District Forum vide order dated 16.8.2011 allowed complaint and quashed penalty of Rs. 21,771/- plus Rs. 12,000/-.  Appeal filed by the Petitioner was also dismissed vide impugned order dated 10.10.2011 passed by Learned State Commission against which this Revision Petition has been filed.

          Learned Counsel for the Petitioner submitted that in the light of Hon’ble Apex Court judgment in Anis Ahmed’s case, this complaint was not maintainable before District Forum hence Revision Petition be allowed and impugned order be set aside.  On the other hand, Respondent submitted that checking report does not bear his signatures and false case has been prepared against him, hence, Revision Petition be dismissed.

          As per pleadings of the parties, it would be clear that Petitioner raised demand against Complainant/Respondent on the basis of checking report and finding seals of  meter tempered  which amounts to case of theft.  In the light of Anis Ahmed’s case, such complaints are not maintainable before Consumer Fora and in such circumstances, Revision Petition has to be allowed and impugned order is to be set aside.

          Consequently, Revision Petition filed by the Petitioner is allowed and impugned order dated 10.10.2011 passed by Learned State Commission in FA No. 1395 of 2011 – SDO (OP) Model Town, Sub-Division, UHBVN Limited, Sonipat, Haryana Vs. Anup Singh  and order dated 16.8.2011 passed by the District Forum in complaint No. 37 of 2011- Anup Singh  Vs.   SDO ( OP) Model  Town,  Sub- Division, UHBVN  Limited,  Sonipat,

Haryana , is set aside and complaint stands dismissed with liberty to the complainant to approach appropriate Authorities under Indian Electricity Act for redressal of his grievance.