| Citation(s) |
|---|
| 2010 SLG 1239 2010 SLD 1239 2010 YLR 219 |
Sindh High Court
Suit No. 604 and C.M.A. No. 4282 of 2009, decided on 21-08-2009.
MAQBOOL BAQAR, JUSTICE
Saathi M. Ishaq and Naseer Hussain Jafri for Plaintiffs. Syed Nadeemul Haq for Defendants Nos.1 and 2. Suhail H.K. Rana for Defendant No.3 along with Ahsan Mustafa Manager, Business Operation Centre, KESC.
Suit No. 604 and C.M.A. No. 4282 of 2009, decided on 21-08-2009.
MAQBOOL BAQAR, JUSTICE
Saathi M. Ishaq and Naseer Hussain Jafri for Plaintiffs. Syed Nadeemul Haq for Defendants Nos.1 and 2. Suhail H.K. Rana for Defendant No.3 along with Ahsan Mustafa Manager, Business Operation Centre, KESC.
ALHABIB ARCADE THROUGH PRESIDENT AND 10 OTHERS
VS
RASHEED AHMED AND 2 OTHERS
Law: Electricity Act, 1910
Section: 24
Electricity Act (IX of 1910)--- ----S. 24---Disconnection of electricity supply---Suit against---Housing Project was completed in the year 1995 and the plaintiffs were inducted in their respective flats/units in the same year---Defendants applied for regular electricity connection and for individual meters for each unit as late as in February, 2003, but Electric Supply Company instead of disconnecting the facility, continued to supply electric power up to 4-4-2009---Parties seemed to have been negligent in the matter, mainly the defendants, were at fault, in as much as they did not care even to supply for the requisite connection any time before the year 2003---Entire burden of excessiverates/tariff should not be put on the plaintiffs---Since it was the defendants who had mainly been at fault they should bear 50% of the amount charged; and being charged in excess of the regular or normal individual residential connection rates---Out of the balance 50% of the excessive amount 25% would be borne by Electric Supply Company and 25% by the plaintiffs---Said amount could only be determined after proper accounts were prepared---Electric Supply Company was directed to restore the supply, though temporarily to the plaintiffs upon their making payment of 25% of the amount. THIS ORDER PASSED BY: MAQBOOL BAQAR, JUSTICE:---.--- I have heard the counsel patiently. However, neither the counsel for the KESC nor for defendants Nos. 1 and 2 have been able to meet the very crucial queries raised by the Court. From whatever has been submitted by the learned counsel, it seems that the project was completed in the year 1995 and the plaintiffs were inducted in their respective flats/units in the same year. However, defendants Nos. 1 and 2 even applied for regular electrical connection and for individual meters for each unit as late as in February, 2003, but the defendant No.3 instead of disconnecting the TL facility continued to supply electric power through the same upto 4-4-2009. It is claimed on behalf of the KESC that estimate for payment for the requisite connection and meters were delivered to defendant Nos.1 and 2 in the year 2003, but they did not make any payment. However,…
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