JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

(a) The Op be directed to grant the electricity connection to the complainant.

(b) The op be directed to pay the amount Rs.15000/ as compensation for mental sufferings.

(c) The Op be directed to pay the expenses Rs.20000/ incurred by the complainant.

2. The Complainant has stated that he had applied for electricity connection Online vide application no.100683636.He had also deposited the amount of estimate Rs.1338/ on 19.3.2020 but the connection was not granted. Complainant met with the chief Engineer and moved application in Grievance Redressal forum, Aligarh. He also moved application to Director Agra but no response.
3.  Op submitted WS that the complainant had applied online electricity connection. Complainant had applied for granting domestic connection at the premises in Karthala but he made pressure for installation of the meter at different place which was disallowed by the line man.  
4. Complainant has filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7.  It is evident from perusal of the record that the complainant is the heir of Late Tula Ram in whose name electricity tube-well connection was granted and he has been making payment of the electricity charges. He has paid the electricity dues up to 31.3.2019 as per consumer ledger annexure 1. It reveals from ledger details that the complainant has paid Rs. 26536/ against the electricity dues Rs.26535.35 on 31.3.2009 and an amount of Rs.18237/ was due on 14.12.2021.On 15.12.2021 an amount of Rs. 171682/ including Rs. 15345/ has been shown. A letter dated 12.1.2022 (annexure2) sent by the office of the OP to the consumer in the name of Rajendra Singh contains  in Para 4 that  an amount of Rs. 18237/ was due against the tube-well connection for the period from 4/2019 to 2/2020. In the said letter it has been stated that on 20.10.2018 electricity theft was found on inspection of the connection for using chhaki and light and fan, though it has been refuted by the complainant, but an amount Rs.153445/ was added in the electricity bill out of  the revenue assessment at Rs. 562304/. There appears no reason to include the part of the assessment amount Rs. 562304/ whereas the total assessment amount should have been included in the electricity bill. This addition of a part of the total assessment amount raises doubts on total assessment at Rs. 562304/. Under the circumstances, at this stage the assessment amount is held to be Rs.153445/ which was added in the electricity bill. In view of section 154(5) of the Electricity Act, 2003,  the assessment made at Rs562304/ or Rs.153445/ shall be subject to the decision of special court in concluding the trial U/s 135 of the Electricity Act. Under the circumstances the liability of payment of the assessment amount may be deferred till the decision of special court and the complainant may be permitted to pay Rs. 18237/ as electricity dues against the said connection. Complainant is entitled for domestic connection on payment of the amount Rs.18237/ at his premises.           
8.   The question formulated above is decided in favour of the complainant.
9.   We hereby direct the op to grant the electricity domestic connection to the complainant after making payment of the amount Rs.18237/ as electricity dues against the electricity tube-well connection.
10.  Op shall comply with the direction within a month failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.