JUDGMENT

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

1. The Op be directed to grant electricity connection of 2KW at the premises of complainant for domestic use.
2. The Op be directed to pay to the complainant compensation Rs. 100000/ for harassment.
3. Cost of the case Rs.10000/ be awarded in favour of the complainant.  

2. Complainant has stated that he was sanctioned an electricity connection having account no. 781722933264 at his premises. He had been regularly making payment. On 16.10.2021 the old meter was replaced by new meter and he had paid the amount Rs.16905/ demanded by the OP vide receipt dated15.11.2021 but the connection was disconnected without giving any notice. He has been suffering without electricity which has become necessary for sustaining the life. He has applied for new electricity connection of 2KW at his premises for domestic use and he has paid the requisite fee online on 19.01.2023.OP is a statutory body and is bound to sanction electricity connection at his premises U/s 43 of the Electricity Act 2003 read with clause 4.1 of the Electricity Supply code 2005.
3. Op submitted in WS that the complainant was granted electricity connection no. 1874813016717 for light and fan. He had been regularly making payment of the electricity bills as per meter readings till 06/2018 and thereafter bills were raised as IDF bill till 10/2021 on account of not displaying readings in the meter. From the month 6/2018 to 10/2021, as per report on the back of the meter sealing the bills were amended on the basis of average consumption and an amount of Rs.108912/ is outstanding against the complainant.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of its 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 the record that the electricity connection was being used by the complainant against which an amount of Rs.108912/ is alleged to be outstanding. Complainant has filled 39 payment receipt from the period from Jan, 2018 to Nov, 2021 with the affidavit. It is evident that on 16.10.2021 the meter was removed and supply was stopped. Complainant paid the amount Rs. 16905/ on 15.11.2021 but the electricity supply was not restored. Complainant was stated by the office of the op that an amount more than 1Lakh was due on account of store meter readings in the meter at the time of testing.The complainant’s son Shoeb Akhatat has deposed  on oath that he has been living with the complainant at the same premises where the electricity connection is installed. He has deposed that complainant  was never informed about testing of the meter and  was never informed the proposed date of testing as required in clause 5.6(d) (i) of the UP electricity Supply Code,2005. He has further deposed that the signature of the complainant or his authorized representative was not obtained on the test result sheet and he was never provided an opportunity of testing the meter at independent lab as required in clause 5.6(iii) of the code. Thus the assessment raised on the basis of said testing report of the meter cannot be correct of the electricity consumption during the period. Under the circumstances electricity consumption  may be charged on the basis of average consumption in view of clause 5.7 of the code. Complainant has filed the electricity bills from the month Jan, 2018 to Aug, 2021 and the average consumption is the same throughout the period. Accordingly no amount can be said to be due against the complainant on the basis of alleged stored meter readings. Complainant was granted new electricity connection on 20.03.2023 under the order of commission on payment Rs.13496/. Thus the complainant has paid the excess amount Rs.13496/ and alleged demand of Rs.108912/ is liable to be cancelled.
8. The question formulated above is decided in favour of the complainat.
9. We hereby direct the Op to cancel the demand of the ammout Rs.108912/ and to adjust the excess amount Rs.13496/ in the forthcoming electricity bills. Op is also directed to pay the complainant Rs.5000/for litigation expenses. Interim order dated 20.03.2023 to grant electricity connection to the complainant is hereby confirmed
10. 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.

File be consigned to record room along with a copy of this judgment.