Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.

1.       This appeal is preferred by the opponent No 1 and 2 against the  judgment and order dated 07/04/2007  passed by the Dist. Forum, Nanded in CC.No.153/2005.

2.       Facts in brief giving rise to the appeal are as under.

          That the original complainant who is the original opponent filed the complaint in the Dist. Forum, Nanded. Allegations made in complaint  in brief are  that the original opponents/appellants  provided him  electric connection to run rice mill in the year 1997. They   issued bill for Rs 78,385/- in the month of April. 2000 to the complainant which was incorrect and therefore the complainant filed Civil Suit in the Court of Civil Judge Junior Division, Degloor registered as RCS.No.167/2000 challenging the amount of the said bill. The said court passed  ad-interim order  directing the original opponents to accept monthly amount of Rs 3000/- from the complainant towards the electricity charges till decision of the said suit. Therefore, complainant is depositing Rs 3000/- per month in the said Court regularly. However on 14/06/2005, the original opponents/appellants  again issued bill of Rs 4,19,160/- tobe paid on or before 20/06/2005, which is also incorrect. Therefore complainant filed the complaint before the Dist. Forum, Nanded praying that declaration may be given that the said amount of 4,19,160/- is not due from him  and to set aside the said bill and further  prayed that opponents/appellants may be directed not to disconnect his electric supply for none payment of the said bill and they may be directed to pay compensation of Rs 50,000/-.

3.       The original opponent No. 2 resisted the complaint by filing written version. It raised contention that since Civil Suit No. 169/2000 filed by the original complainant is still pending in the Court of Civil Judge Junior Division, Degloor, the complaint filed by the complainant is premature and hence it may be dismissed. It also submitted that  electric power meter of the complainant was   changed from time to time in presence of the complainant whenever it was found necessary.  Statement of  accounts of the complainant is maintained and its extract was produced for the month of April 2002 to June 2005 showing  actual consumption of electricity  made by the complainant for his rice mill and amount of Rs 4,22,160/- is shown due from the complainant in the month of June 2005. The bill of Rs 4,19,160/-  includes the amount of bill which is under challenge  before the Civil Court in the Civil Suit and unless the said suit is decided, the complaint can not be entertained. It is  therefore prayed by the opponent No. 2 that the complaint may be dismissed.

4.       The Dist. Forum after considering evidence adduced by both the sides and hearing their respective advocates, passed the impugned judgment and order. It came to the conclusion that the disputed bill also shows the arrears  and that the complainant already deposited amount as per direction of the Civil Court and therefore the arrears shown in the bill and the interest applied thereon is incorrect and hence it is tobe set aside. It is also observed that  bills issued  for a long period by showing average consumption is also not justified and in such a case average bill only for last six month can be g