Law: Code Of Civil Procedure, 1908.

Section: 115, 9

Law: Electricity Act, 1910

Section: 26(6), 26-A

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

Section: 21

Law: Qanun-e-Shahadat Order, 1984

Section: 9

 Summary

The petitioner (FESCO) challenged the concurrent judgments of the Trial Court and Appellate Court, which had declared an electricity detection bill of Rs.183,305 illegal and restrained its recovery. FESCO alleged that the consumer had used electricity through unfair means and argued that the Civil Court lacked jurisdiction under the Electricity Act, 1910.

The High Court held that FESCO failed to establish a consistent and legally sustainable case. Its pleadings and evidence were contradictory regarding the period of alleged theft, the nature of the irregularity, and the basis of the detection bill. FESCO also failed to produce the Meter Inspector, technical reports, inspection reports, check meter evidence, show-cause notice, or any proof of compliance with the Consumer Service Manual.

The Court ruled that jurisdiction of Civil Courts is not barred where the consumer challenges the legality, procedural validity, and evidentiary basis of detection proceedings. Since FESCO failed to prove lawful detection and mandatory procedural compliance, the concurrent findings of the courts below required no interference. Consequently, the revision petition was dismissed.