JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-
2. (a) The Op be directed to permit the complainant to deposit Rs.18237/ against the electricity bill amounting Rs. 174865/.

(b) The op be directed to pay the amount Rs.200000/ as compensation for damages caused to the crops for want of water supply.

(c) The Op be directed to pay to Rs.100000/ as compensation for harassment.

3. The Complainant has stated that an electricity tube-well connection no. 00502/005671 was granted in the name of his grandfather and he has paid the electricity bill up to 31.3.2019. Complainant is the legal heir of the person in whose name the connection was sanctioned and the complainant as being beneficiary/ consumer is supplied with electricity through said connection. On 22.2.2020 connection was disconnected and the crop was ruined without water. Complainant has been making electricity bill. Complainant complained to the Managing Director, Agra, Grievance Redressal forum, Aligarh and Hon’ble Chief Minister but no result.
4.  Op has filed WS in which it is stated that the complainant is not the consumer and mutation was not recorded. Till the month 02/2020 an amount Rs. 170682/ was outstanding and on 29.10.2018 complainant was found running chhaki and domestic connection stealing the electrical energy and an amount Rs.562304/ was raised as assessment of revenue.    
5. Complainants have filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
6. We have perused the material available on record and heard the parties counsel.
7. The first question of consideration before us is whether the complainant is entitled to any relief?
8.  It is evident from perusal of the record that the complainant is the beneficiary as being the heir of Late Tula Ram in whose name electricity connection was granted and he has been making payment of the electricity charges. Complainant is entitled to get the electrical energy through the connection and is consumer of the OP. He cannot be denied for any relief for want of mutation in the record of the Op. 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. As the connection has been disconnected, complainant is entitled for new connection on payment of the amount Rs.18237/.           
9.   The question formulated above is decided in favour of the complainant.
10.   We hereby direct the op to permit the complainant to pay the amount Rs.18237/ as electricity dues against the said connection and the complainant is held entitled for new connection on payment of the said amount. .
11.  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.
12. 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.
13. File be consigned to record room along with a copy of this judgment.