Case Details

Citation(s)
2018 SLG 490 2018 SLD 490 2018 PLD 26
Peshawar High Court
Criminal Appeal No. 257-M of 2016, decided & hearing on 10-8-2017
MUHAMMAD NASIR MAHFOOZ, JUSTICE
Fazal Rehman for Appellants. Ali Muhammad Khan for
Respondent.

EXN PESCO, SUB-DIVISIONII AND ANOTHER

VS

SHER AFZAL KHAN

Law:

Section:

Khyber Pakhtunkhwa Consumers Protection Act (VI of 1997)--- ----Ss. 12 & 17---Electricity Act (IX of 1910), S.54-C---Disputed Electricity bill---Bar to jurisdiction of courts---Scope---Complainant did not default in paying any monthly electricity bill but he had disputed incorrect reading recorded in the bill---Plea raised by authorities was that jurisdiction of Consumer Court was barred-Validity---Disputed electricity bill did not commensurate with actual electricity consumed by complainant---Such discrepancy was proved from documentary evidence produced during trial---Consumer Court though was actually bound to determine subject matter of complaint in summary manner but still a complete opportunity of hearing was given to both parties to settle their controversy one for all---High Court declined to interfere in the matter as Consumer Court had rightly allowed complaint by giving sound reasons after considering each and every aspect of the matter---Appeal against order was dismissed in circumstances. Water and Power Development Authority and others v. Messrs Kamal Food (Pvt.) Ltd. Okara and others PLD 2012 SC 371 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.--- Through the instant appeal filed under section 17 of the Khyber Pakhtunkhwa Consumer Protection Act, 1997 the appellants have challenged the order dated 10.11.2016 passed by Consumer Court, Malakand Division at Camp Court Daggar Buner whereby the complaint filed by the present respondent under section 12 of the ibid Act was accepted. 2. Perusal of the contents of the complaint reveals that the present respondent is consumer of electricity meter bearing No. 362177 of Peshawar Electricity Supply Company (hereinafter called as PESCO) of Sub-Division Daggar, Buner. The said electricity meter is installed at his house for fulfilling his domestic electricity needs. The dispute is alleged to have arisen from the monthly electricity bill of February, 2014 wherein the meter reading is shown as 19083 and consumption of 14220 units which forced him to contact the office of present appellants and in pursuance thereof, one Wilayat Ali Line Man inspected the meter and correctly recorded…
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