Case Details

Citation(s)
1991 SLG 1224 1991 SLD 1224 = 1991 PLD 813
Supreme Court of Pakistan
Civil Appeal No.933 of 1990, decided on 27th May, 1991. (On appeal from the order dated 31-10-1989 of the Lahore High Court, Lahore, passed in C.R.No.1739 of 1989).
Presented By: Present. Muhammad Afzal Zullah, CJ. and Muhammad Afzal Lone, J
Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M.Z. Khalil, Advocate-on-Record (absent) for Appellants. Raja Muhammad Akram, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for
Respondent.

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others--Appellants

VERSUS

MAKKA ICE FACTORY through Mian Amanullah--Respondent

Law: Electricity Act, 1910

Section: 27

  Electricity Act (IX of 1910)- --- Sched., Cl. XI-A --- West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.27 --- Constitution of Pakistan (1973), Art.185(3) --- Meter of consumer of electricity was discontinued temporarily on his request as he complained that the meter overshooted the supply of energy --- Consumer again demanded for restoration of energy which was restored --- Water and Power Development Authority billed the consumer for minimum charges for the period during which the supply remained disconnected --- Leave to appeal was granted to examine whether recovery of minimum charges was not only permissible but i had to be made necessarily. Electricity Act (IX of 1910)-- ---- Sched., Cl. XI-A---West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 27 --- Levy of minimum charges during the period of temporary disconnection of electricity --- Rationale. The rationale behind the levy of minimum charges is that during the period of temporary disconnection the Authority has to keep ready with the sanctioned load' and continue to maintain the necessary set-up in this behalf, to make the energy available to the consumer when asked for. The consumer, therefore, has to be burdened with all incidental charges including service charges. Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M.Z. Khalil, Advocate-on-Record (absent) for Appellants. Raja Muhammad Akram, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 27th May, 1991.   JUDGMENT MUHAMMAD AFZAL LONE, J.--The respondent is an industrial on his request that consumer of electricity and the meter overshooted the supply of energy was on 29-12-1984, discontinued temporarily. However, on his demand for restoration of energy, the supply was restored on 15-4-1985 after replacement of meter. During the period of disconnection, the bill for minimum charges was not issued to the respondent. In this behalf a bill amounting to Rs.5,712, as minimum charges, for the period from January to March, 1985 was included in the bill for the month of April, 1985 to which the respondent objected. He…
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