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Muhammad Amjad vs SNGPL Faisalabad, etc.

CourtDistrict Consumer Court
Case No.627/DCC-2009
Date2009-11-10
Judge(s)Muhammad Kaleem Sheikh
ResultN/A

1. Briefly, the complainant is the consumer of Sui Gas flow of domestic use under his consumer No.32310676417. The complainant has been paying Sui gas consumption bills regularly but his gas supply was disconnected on 30.08.2008, with out any prior notice depriving him from the Sui gas facility hence, this case for restoration of gas supply to the complainant's house u/s 25 of PCPA 2005.

2. The defendants have vehemently opposed the above said claim by filing their statement of defence, interalia, on the grounds that the Gas supply was disconnected because the Sui gas inspection team found the complainant's gas meter tempered for enhancing gas load illegally and supplying gas to other houses fraudulently to obtain monetary gains.

3. On hearing preliminary arguments advanced by both the parties, it was deemed necessary, in the interest of justice, to call for evidence of the parties in order to resolve the controversy in between them. In this regard, the complainant Muhammad Amjad has got recorded his statement as PW1, through his affidavit EX-PW1/1, whereas he has tendered Sui Gas bills EX-P1 to EX-P3, photo copy of sui gas bill Abdul Razzaq Mark "A", copy of site plain Mark "B", photo copy of disconnection advice Mark "C". In rebuttal, the defendants have produced Amman Ullah Khan Assistant Engineer as DW1, through his affidavit as EX-DW1/1. In their documentary evidence the defendants have adduced photo copy of the letter dated 04.03.2009 Mark "A", meter inspection report Mark "B", copy of report Mark "C", copy of disconnection advice Mark "D".

5. Heard the arguments, record perused.

6. Admittedly, the Sui gas supply to the premises of the complainant was disconnected on 30.08.2008. However, there is over whelming evidence on record showing that the complainant had unauthorizedly supplied gas connection to other houses and on raid by the inspection team, not only that the meter was found tempered, seals suspected but also that the complainant had supplied gas to other adjacent houses through under ground plastic pipes. The complainant has not given satisfactory explanation to this allegation. Any how, controversial point raised during arguments was that whether the defendants were authorized to disconnect gas supply to the claimant with out any notice, hence, the defendants were required produce Rules of SNGPL. Mr. Tahir Nazir Bajwa Billing Officer SNGPL has produced such Rules vide reference OGRA/9(2)/2005 dated 16.08.2005, showing that the functionaries of the defendants were authorized to disconnect gas supply for domestic use if the consumer was found to temper with the meter there by increasing pressure of gas by tempering with the pressure regulator. During arguments, the learned counsel for the defendants has also placed before me the latter dated 04.06.2009 of Saif Law Associates duly singed by Ch. Mujeeb-ur-Rehman Advocate High Court and copy of order of Civil Judge Faisalabad dated 28.11.2008, showing that the complainant's suit regarding the matter in dispute has already been adjudicated by the Civil Court of competent jurisdiction at Faisalabad, and that such tier of Civil litigation by him ended in failure.

9. The upshot of the above whole discussion is that, the complainant has approached this court with unclean hands therefore, he is not entitled to any relief. Accordingly, the claim merits dismissal and same is hereby dismissed. File be consigned to the record room after its due completions.

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