Case Details

Citation(s)
2015 SLG 2363 2015 SLD 2363 2015 PCRLJ 941
Islamabad High Court
Criminal Appeal No. 30 of 2011, heard on 20th January, 2015.
AAMER FAROOQ, J
Appellant in person. Ahsan Hameed Dogar for
Respondents

NARGIS SULTANA CHOHAN

VS

PRESIDING OFFICER and others

Law:

Section:

(a) Islamabad Consumers Protection Act (III of 1995)--- ----Ss. 2(1)(2)(3), (5), 6, 8 & 9---"Consumer"---Scope---Dismissal of complaint---User of electricity as consumer---Disconnection of electricity meter---Complaint was dismissed on the ground that appellant being not a "consumer", could not initiate the proceedings under Islamabad Consumers Protection Act, 1995---Validity---Under provisions of S.2(3) of Islamabad Consumers Protection Act, 1995, "consumer" was a person who hired any goods or services for consideration---"Services" as provided in S.2(5) of Islamabad Consumers Protection Act, 1995, included services of any description, which were made available to potential users and included providing of facilities in connection with, inter alia, supply of electrical, or any other form of energy---Respondent company was the supplier of electricity/energy in the area---Appellant being the user of electric supply fell within the definition of "consumer"---Appellant being 'consumer' within the meaning of Islamabad Consumers Protection Act, 1995, could institute proceedings under the Act---Case was remanded to Consumer Court for decision on merits, in circumstances. PLD 2010 Lah. 95; 2013 CLD 1133 and AIR 1994 SC 787 ref. (b) Interpretation of statutes--- ----While interpreting a legislation, which was to benefit the society, a positive approach was to be adopted. JUDGMENT AAMER FAROOQ, J.---The Instant appeal is directed against order dated 28-2-2011, passed by the Presiding Officer, District Consumer Court, Islamabad. 2. The brief facts leading to filing of the present appeal are that the appellant applied for electricity connection for her chamber situated in Margallah Block, District Courts, F-8 Markaz, Islamabad. Consequent upon her application a demand notice was issued which was deposited and after which electricity meter was installed at a distance of 30 meters away from her chamber. The appellant requested the relevant XEN on 6-4-2010 for shifting the meter near her chamber, but in vain. The appellant deposited the monthly bill of July, 2009 but no bill was received by her for the month of August whereas in the month of September, 2009, the appellant…
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