Law: Oil and Gas Regulatory Authority Ordinance, 2002

Section: 11,43

Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----Ss. 11 & 43---Complaint Resolution Procedure (for Natural Gas, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG) and Redefined Oil Products) Regulations, 2003, Reglns.3 & 9---Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983), Arts.2(2) & 9---Natural Gas Company was aggrieved of assuming of jurisdiction by Wafaqi Mohtasib (Ombudsman) in the matter pertaining to levy of tampering charges to consumer---Validity---Matter fell within the domain of the Authority designated for the purpose in terms of Oil and Gas Regulatory Authority Ordinance, 2002, and Complaint Resolution Procedure (for Natural Gas, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG) and Redefined Oil Products) Regulations, 2003---Ombudsman was vested with no jurisdiction either to entertain complaint or to decide the same by way of order in question---Parties to a lis by way of their consent could not take away or confer jurisdiction upon a Court or forum---High Court set aside the order passed by Wafaqi Mohtasib (Ombudsman)---Constitutional petition was allowed in circumstances. Sui Northern Gas Pipeline Ltd. through Authorized Attorney v. Wafaqi Mohtasib and 3 others 2015 MLD 1029; 2016 YLR 1 and Multan Electric Power Company Ltd. through Chief Executive and another v. Muhammad Ashiq and others PLD 2006 SC 328 rel. THIS JUDGMENT PASSED BY: MIRZA VIQAS RAUF, JUSTICE:---.--- The petitioner, through instant petition, has called in question the vires of order dated 6th of April, 2015, whereby his representation against the order dated 23rd of September, 2013 passed by the Wafaqi Mohtasib (Ombudsman) was dismissed. 2. Precisely, the facts necessary for adjudication of instant petition, are that the respondent No.1 who was consumer of the petitioner, being dis-satisfied with the charges imposed upon him filed a complaint before Wafaqi Mohtasib (Ombudsman), Lahore challenging the levy of tampering charges amounting to Rs.1,71,120/-. The complaint was though contested by the petitioner but vide order dated 23rd of September, 2013, the same was allowed. The petitioner, feeling…

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