Law: Regulation of Generation Transmission and Distribution of Electric Power Act, 1997

Section: 7,12A

Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----Ss. 7 & 12A---Electricity Bill---Arrears of electricity bill recoverable from consumer---Incorrect billing by Power Company---Recovery of differential amount by Power Company---Arrears accumulated due to negligence of Power Company could not be waived---Scope----Petitioner impugned order of Appellate Board of National Electric Power Regulatory Authority ("NEPRA") whereby petitioner was found liable to pay for arrears of electricity bill---Contention of petitioner, inter alia, was that petitioner was billed at a lower rate due to negligence of Electricity Company's officials, and such arrears could not be subsequently recovered---Validity---While officers of the Power Company were negligent in remitting the bill for a certain period on basis of certain rates which were not applicable, however the same did not absolve liability accruing against petitioner who was liable to discharge such liability---No period of limitation had been prescribed for the Power Company to initiate recovery proceedings and petitioner could not be permitted to take advantage of negligence of its officials and could not be unjustly enriched by the same---No legitimate expectation existed in favour of petitioner to urge that such arrears were not due from petitioner or that the same be waived---No illegality existed in the impugned order---Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: SHAHID KARIM, J.--- This constitutional petition challenges the order dated 7.3.2018 passed by the Appellate Board of the National Electric Power Regulatory Authority (NFPRA). By the impugned order, the appeal filed by GEPCO was allowed and the order dated 17.01.2017 passed by the Provincial Office of Inspection, Islamabad was set aside. However, while doing so, the Board segregated the amount to be recovered from the petitioner in 35 monthly installments. 2. The learned counsel for the petitioner during the course of the arguments in this Court did not deny primary facts which formed the basis of the impugned order. Also that for the…

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