Mrinal Kanti Chakraborty vs ARUN KANTI CHAKRABORTY

THIS is an appeal against an order dated 10.2.1997 passed by the Calcutta District Forum directing the installation of a new meter in favour of the complainant/respondent. The case arose out of a complaint filed by the complainant for the instal-lation of new meter in a premises which belong to his mother. It was alleged that the complainant had two other brothers one of whom lived elsewhere and the mother and other brothers caused disturbances in the matter of supply of electricity to him. So he filed a complaint for a new meter. The learned District Forum found that the premises in question belonged to the mother and the meter in question stood in her name. Unfortunately, there were family disputes among the brothers and the mother. The complainant filed a title suit against the mother and the brothers in the 7th Court of Asstt. District Judge at Alipur praying for an injunction to restrain the defendants from creating disturbance in enjoyment of electricity and a status qua was passed by the Court. The mother Santirani Chakraborty also filed a civil suit in the 5th Court of Munsiff at Alipore claiming herself to be the absolute owner of the premises and describingher son, the complainant as her licensee. Both the suits are pending.

THE learned District Forum after hearing both parties ordered that a new meter may be installed in the name of the complainant as it thought that the complainant was in lawful possession. Against the said order the present appeal has been filed by the present appellants. From the papers filed it appears that the Civil Court has already passed an order for status quo in the matter of supply of electricity. Neither party has produced any order modifying the said status quo order. It is submitted on behalf of the mother that the complainant was obtaining electricity from her meter and that she is willing to continue the supply until a Court''s order is passed.

We have considered the entire situation. In the face of the existing Court proceedings it is not advisable to change the status quo by ordering installation of a new meter. We, however, hold that the complainant shall continue to receive electric supply from his mother''s meter until a contrary order is passed by the Court. This appeal is therefore allowed and the impugned order dated 10.2.1997 in CDF Case No. 1573/95 is set aside. The opposite party No. 5, Smt. Santi Rani Chakraborty is directed to supply electricity to the complainant through the existing meter until a contrary order is passed by the Court. The appeal is thus disposed of. Appeal allowed.