SANTI LATA MONDAL Vs. PRADIP KANTI MONDAL

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order datedl 3.1.2009 passed by the learned South 24 Parganas District Consumer Forum in C.C. No. 102 of 2008 wherein the learned District Forum allowed the petition of complaint in part with cost ex parte against OP Nos. 1 and 2, i.e. Electric Company, and on contest against OP Nos. 3 and 4 on the direction upon the OP Nos. 1 and 2 to instal a new electric meter in the name of the complainant in the house where he resides.

(2.) THE case of the complainant before the learned District Forum, in brief, was that upon application for new connection of electric line at his residence, there were objections at the instance of the OP Nos. 3 and 4, who happens to be the near relations of the complainant, i.e. mother and brother. The complainant paid all the requisite fees, etc. for the new connection. The OP Nos. 1 and 2 having not given the electric connection within reasonable time the complainant filed the petition of complaint for redressal.

(3.) THE OP Nos. 3 and 4 contested the case by filing written objection contending inter alia that the status of the complainant was nothing but that of a licensee under the OP No. 3. The complainant was enjoying electricity facilities without contributing or paying any amount of electricity consumption at all. At the time of hearing before the learned District Forum a point was raised on behalf of the OP Nos. 3 and 4 to the effect that a civil dispute is pending between the parties in which a status quo order has been passed in respect of the property matters including the dwelling house where the parties reside. But the learned District Forum did not consider the same as the issue was quite different before the learned Civil Court than that of what was before the learned District Forum and, accordingly, allowed the petition of complaint as mentioned above.