1. The briefly stated facts of the case leading to instant case as divulged out of the complaint, instituted at the instance of consumer subscriber-complainant, Muhammad Anwar, a business man, dealing in the sale of milk etc at Kashmir Road, Sialkot, are that consumer subscriber- complainant under respondents /service providers, vide meter No. AL00168878, since about 13/14 years and is never defaulter of the respondents, however, the abovementioned Gas-Meter was removed by an unknown person at mid night since about 13/14 days back alongwith another neighborer shopkeeper dealing in the same business in respect of which a regular Rapat No.05 dated 13-05-2008 was registered at the concerned police station, as a result of which the instant case was registered, vide FIR No. Where after the respondents were requested to install new meter but respondents requisitioned further amount in sum of Rs. 60,000/-, whereas, consumer- subscriber-complainant has deposited Rs. 10,500/- as security on 28-03-2008, Rs.30,700/- on 19- 06 2006 and Rs.15,000/- on 26-05-2005 without disclosing the status of these deposits at the instance of respondents, merely on the reason that respondents had threatened the consumer- subscriber complainant for disconnection of the Gas-Meter and thus, claimed the serious defect and extreme fault in the service, rendered by the local administration of the SNGPL. According to him he has also sent the requisite legal postal registered A.D. Notices to the respondents for reinstatement of the previous condition and disclosure about the status of illegal money, received by the local administration of SNGPL.
2. Despite repeated opportunities the respondents had failed to place any written reply, meaning thereby respondents had no plausible explanation for the allegations leveled against them by the consumer-subscriber-complainant.
3. It is worth to mention that during the Proceedings of this case, in pursuance of the statement recorded by the respondents' side the Gas-Meter, at the shop of consumer subscriber- complainant was installed subject to deposit of further sum of Rs.44, 540/- as evident from the receipt appended herewith.
4. It is further pertinent to note that it was also disclosed on 09- 08-2008 that removal of the Gas- Meter was also duly recorded on the meter reader's book but respondents side failed to discharge its legal duties or to do the needful for the redressal of the grouse of the consumer-subscriber- complainant, however, on the interruption of this court the police registered a case, on the grouse of the consumer subscriber-complainant.
5. Both sides have been heard. Record also perused.
6. After having heard both sides and gone through the record, it is manifest that subscriber- complainant is subscriber under the respondents service providers since about 13/14 years after having got installed a Gas-Meter on his milk shop situated at Kashmir Road, Sialkot, without default in payment of billing, however, unfortunately as revealed from rapt No.05 dated 13-05-2008, his Gas-Meter was removed by unknown person from his shop and in this respect a specific note was also recorded on the note book of the reader but surprisingly despite having notice of the removal of departmental Gas-Meter or intimation laid down by the consumer-subscriber-complainant no prompt or needful action was ever initiated by the respondents and while referring clause 6-A of the terms and conditions laid down in the contract for the supply of Gas for commercial use, allegedly signed by the consumer-subscriber-complainant laid emphases that consumer subscriber-complainant was bound to pay further expenses for the replacement of meter in case of such eventuality. It will be worth to reproduce clause 6-A which reads as under; 6 (a)"All pipes and fitting from the main to the property line will be provided by the Company and shall remain Company's property. All pipes and fittings on and within the property the line will be provided by and at the expense of the consumer, the Company not being responsible for leakage of gas from, nor repairs to such pipes or fittings. The main cock service regulator and inlet pipe or meter and the meter when rented from the Company will be fixed and kept in repair by the Company free of charge. The consumer shall be responsible for the safety of the meter as well as the service regulator, main cock and the inlet pipe of the meter from theft, loss, damage, etc., during the existence of this contract and since these are fitted for the purpose of ensuring continued Gas supply to the consumer at his premises, he shall in case of any such eventually, be responsible for payment of the price of such meter, regulator, cock, pipe etc., if replacement are required".
7. No doubt according to the clause 6-A the whole responsibility was shifted to the shoulders of the consumer-subscriber-complainant but bare reading of all the Terms and conditions of the contract leads this court to confident view that like other departments, in order to exploit their consumer subscriber-complainant under the garb of their fundamental need, such unilateral terms and conditions have been deliberately inserted in the contract despite the fact that according to other terms or conditions of the contract all appliances tools or material supplied for the connection are absolute ownership of such departments subject to payment of their costs, even, their Gas-Meters by SNGPL or electric meters by Wapda are also mandatory installed outside the shops or houses which apparently are in the possession of the departments, likely to be attended and watched by their linemen and supervisors.
8. Strangely enough consumer has previously deposited heavy security to meet the billing (if any), with the SNGPL, at the time of supply of Gas/connection of gas meter to him, however, after the theft of gas meter the consumer-subscriber had timely reported the mater to the police as well as to the local office of SNGPL but as revealed from the record and admitted by the SNGPL no efforts, what so ever, in connection with the registration of the case, or for investigation in the case or for recovery of the gas meter was ever made.
9. All this clearly reflects and shows that carelessness and ignoring attitude of the high officers and officials of the local office of the SNGPL.
10. On careful assessm ent, all of the factors lead this court together that department and officer of the department have inhibited with such attitude and behavior because of aforementioned brutal, exploitery, unjust, unfair, unilateral, arbitrary and discriminatory terms and conditions of the contacts. Would that such terms and conditions had not been inserted, the whole department would have been vigilant to such events and have made hectic efforts to locate or recover stolen meters or other articles through the police agency, even otherwise, it is commonly known that in the area of Sialkot, illegal and unauthorized gas meters are installed regarding which neither any record is available nor consumers of gas are served with billing despite consumption of gas and possibility can not be ruled out that such events are happening with the conscious knowledge of local office of SNGPL, while joining hands with them and all these events leave a sign of interrogation as to how all this is happening, however, the natural and logical answer is that such mal-practices are occurring under the nose of high officers/officials of the local office of the SNGPL and need strict enquiry by The superior officer, in order to save valuable energy of Pakistan in alternate to strength economical fabric.
11. At this juncture another question arises in the mind of the court as to why department is silent on the theft of stolen meter or why is reluctant for its recovery through investigation of police agency?
12. The possibility can not be ruled out that such gas meters are removed either with the connivance or with the help of some officials of the local officer of SNGPL as gas meters are neither required by ordinary man nor can be removed by non technical man nor can be used by common man without prior approval by the SNGPL, in any locality of the Punjab. Undoubtedly, complete silence of the department, particularly local office of SNGPL, in this case imprints in the mind of the court that such events occur with the help of officials of SNGPL, ever this opinion of the court, in this particular case is also fully supported from the meter readings recorded on 30-05-2008 and 29- 06-2008 for the month of May and July, 2008 respectively.
13. While adding to abovementioned findings and views concluded this court has no other option but to direct the chairman SNGPL to ask high ups to conduct enquiries of such events, particularly, in Sialkot in order to avoid such events under intimation to this court. A-part from this the complainant-consumer-subscriber of this case has levelled serious allegations of plundering of huge money from him by the officers / official of local office of SNGPL which also needs deep consideration by the high-ups, accordingly, an enquiry in this connection is also directed by the high-ups, under intimation to this court.
14. The crux of above discussion is that this court is of the considered view that the contract containing unilateral, arbitrary whimsical, unjust and unfair terms and conditions need review by the superiors of the department in order to save the consumers from the exploitation to save the valuable energy of Pakistan as well as save financial fabric from plundering and to improve the efficiency of officers/officials of the SNGPL department, accordingly, it is strongly recommended that review of contract containing unilateral and arbitrary terms and conditions for the connection of gas be recommended forthwith in the welfare and in the interest of the consumers. While keeping all this in the mind, this court concludes that consumer subscriber of this complaint is brutally and unlawfully burdened with further amount in sum of Rs.44540/- (Forty four thousand five hundred forty) which is liable to be refunded to the consumers alongwith litigation expenses in sum of Rs. 5000/- as assessed in the court Within Twenty Days.
15. Thus, instant complaint is allowed in favour of the complainant against the respondents/Service Providers subject to payment of costs in sum of Rs. 2,000/-, within 20 days. Copies of this order be sent to the Chairman, Managing Director, General Manager, Chief Engineer of SNGPL. File be consigned to the record room after its due compilation.