| Citation(s) |
|---|
| 2015 SLG 2705 2015 SLD 2705 2015 PLJ 183 |
Lahore High Court
F.A.O. 122 of 2012, heard on 19.5.2014.
M. SOHAIL IQBAL BHATTI, J.
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F.A.O. 122 of 2012, heard on 19.5.2014.
M. SOHAIL IQBAL BHATTI, J.
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SUI NORTHERN GAS PIPE LINES LTD. through its General Manaager--Appellant
VS
Shahzada KHOSH BAKHAT KHAN---Respondent
Law:
Section:
Punjab Consumer Protection Act, 2005-- ----S. 25--No amount will be charged on basis of wrong bill with further direction to pay lawyer's fee--Question of--Whether Distt. Consumer Court established can adjudicate upon despite involving excessive billing being Court of limited jurisdiction--Validity--Claim for damages arising out of contravention of any provision of this Act, 2005 shall be filed before a Consumer Court set up under Act--Consumer Court established under Punjab Consumer Protection Act, 2005 is not a Court of general jurisdiction--It is its duty to examine allegations raised in complaint in order to determine its jurisdiction--Prayer for cancellation of gas bill or revising of gas bill by a gas company could not have conferred jurisdiction upon Consumer Court and same falls outside purview of special tribunal--Consumer Court being a Court of limited jurisdiction, even if question of jurisdiction has been raised or not, was under an obligation to decide as to whether jurisdictional facts are existing to confer jurisdiction upon Consumer Court--When Consumer Court steps out of four corners of Punjab Consumer Protection Act, 2005, order passed by it would be a result of defective exercise of jurisdiction--Any person aggrieved by any order or decision of delegatees of a power delegated by authority has right to prefer an appeal to authority and authority shall hear and decide appeal within ninety days from its presentation--Claim of respondent falls within ambit of Oil & Gas Regulatory Authority Ordinance, 2002 which provides an exclusive remedy in respect of disputes between consumer and licensees--Even otherwise under settled principles of law provisions of a special law on subject excludes application of general law. [Pp. 186, 187 & 189] A, B, C, D & E Judgment Through this appeal the appellant Company has challenged the order dated 19.6.2012 passed by the learned District Consumer Court, Multan. 2. Notice was issued to the respondent but despite service no one appeared on his behalf and, therefore, the respondent was already proceeded against ex-parte on 12.2.2014. 3. Precisely, the facts of the case are that respondent filed a…
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