Briefly stated the facts of the case are that a surprise check was conducted in the premises of the Respondent no.2-Sri Ram Kishan Sharma on 15.2.2006 and during the checking it was found that the Respondent no.2 was using a load factor higher than what had been sanctioned and therefore, a demand notice of Rs. 70,295/- was issued to the Respondent no.2 on 17.3.2006. His case was that it has been wrongly alleged that he was using 1520 watt in excess of the sanctioned load factor. However, it is not disputed that during the checking carried out on 15.2.2006, the Respondent no.2 paid Rs. 10,000/- towards compounding fee. It was found during the inspection that the Respondent no.2 has made a cut in the service cable just above the place where it enters the metre and was, therefore, using electricity circumventing the metre. Aggrieved by the demand dated 17.3.2006, the Respondent no. 2 filed a complaint before the Consumer Protection Forum-II, Agra and the Consumer Forum by the impugned order dated 12.12.2008 partly allowed the claim and rejected the assessment made on the basis of the inspection. However, the Forum has provided that the authorities shall issue a fresh bill as per the load sanctioned to the respondent no.2.
