- (1.) IN this application the petitioner has prayed for issuance of a writ in the nature of Mandamas directing the respondent No. 5 to grant electric connection to the petitioner's premises. Admittedly the petitioner is a tenant under respondent No. 5. The petitioner has contended that the landlord used to realise the electricity charges together with the rent. In appears that the parties are on litigating terms before the Civil court as also before the Criminal Court. The learned Munsif has already passed an order of status quo. It further appears that the petitioner had approached the forum under the Consumer protection Act wherein some order has been passed which is contained in annexure E to the earlier writ petition. However, the operation of the said order has been stayed by the State Consumer Redressal Commission, West bengal, in S. C. Case No. 388/a/93 by an order dated 23. 9. 93.
(2.) IT appears that the State Consumer Disputes Redressal Commission has already passed an order on 20. 6. 94 from which it will appear that the appeal was allowed on the ground that the learned Munsif directed both the parties to maintain status quo in respect of electricity in respect of premises No. 50, Rajani Mukherjee Lane, Calcutta. It thus appears that the petitioner has chosen three forums viz. Civil Court, Consumer Forum as well as this Court for installation of electric meter in the premises. The petitioner having availed himself of the alternative forum by proferring Title suit and the matter is still pending there, this Court sitting in writ jurisdiction should not interfere in the matter. Further the learned Munsif has already passed an order of status quo in the said Title Suit, as such there is no scope to interfere with the said order of the learned Munsif in this writ jurisdiction. Further, it appears that under Section 21a (2) of the Consumer protection Act, 1986, appeal lies against the order of the said commission, but no such appeal having been preferred, that order shall be binding upon the petitioner. On a consideration of the facts and circumstances of the case I am of the opinion that the writ petition is not maintainable. The writ petition is therefore, rejected. There will be no order as to costs.
(3.) AS prayed for, let xerox copies of this order be handed over to the learned Advocates for the parties on usual undertaking.;