Heard Learned Counsel for the appellant. None appears on behalf of respondent.  

         2. This appeal has been filed U/S-41 of Consumer protection Act 2019(Hearin after called the Act) 2019 against impugned order passed by Learned District C.D.R, Commission,Dhenkanal. The parties are referred in complaint case may be read as same in this appeal for convenience.

               3. The case of the complainant in nut-shell is that the complainant being owner of rice huller was consuming electricity being consumer under the O.P. It is allegd by the complainant that in 2001, the meter being defective, the bill was issued on load factor basis. Thereafter, the new meter was installed but the arrear of Rs. 4,000/- was demanded. The complainant alleged to have sustained facture injury due to accident. After recovery in 2005 he also got demand notice of Rs. 43,755/- .The complainant paid Rs. 8,000/- but the O.P threatend to disconnect  claiming Rs 43,715/- . Therefore, the complaint was filed.

               4. The O.P filed written version stating that the complainat is not maintainable. The allegation is false. According to them the complainant has never informed about  his absence in the house for the medical intervention. However, in the mean time they have served the bill for Rs. 43,715/- to pay and he has also paid Rs. 8,000/- for which there is no deficiency in service on their part.

           5. The Learend District Forum hearing both parties passed following order:

                That the complaint petition is allowed on contest against the O.Ps without cost. The O.Ps are directed to pay compensation of Rs. 20,000/-to the complainant for their deficiency of service and unfair trade practice. Both the parties are to calculate the arrear amount excluding the idle period of the meter and on payment of arrear dues the connection may be restored if not available to the complainant at present parties to bear their cost through out.         

           6. Learend Counsel for appellant submitted that Learnd District Forum has committed error in law becaue this is case wherein no information was given about non use of power by complainant during his treatment. Moreover, they have issued bill of Rs. 43,715/- as comnplainant defulted in payment of arrear. So order of District Forum become illigal should be set aside.

           7. Considered the submission of Learned Counsel for the appellant perused the DFR & impugned order.

            8. The complainat is to prove the case of his own. The complainant alleged that the meter being defective there were bills served by counting energy on load factor basis under OERC Code, 2004. The complainant case is very clear that after objection the O.P has already fixed the new meter. It also appears that due to non deposit of the money till recovery from the disease the arrear bill was pending. The complainant only claim that the arrear bill should be set aside. When there is no payment of the money and when no information to the O.P about the health issue of the complainat, there is no chance of fixing responsiblility with the O.P / appellant. Moreover, the complainant has admittedly  paid Rs. 8,000/- and to pay rest of amount of        Rs.43,715/- and electricity is already restored. The complainant itself does not show any deficiency in service on the part of the O.P. Moreover, when there is reconnection, without any further material, there is no cause of action to file the case.

           9. In view of the foresaid discussion, the Learned District Froum has not applied judicial mind to the case and we therefore, set aside the impugned order.

        10. The appeal is allowed. No cost.

             Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          Statutory amount be refunded.

          DFR be sent back forthwith.