Pakistan Case Lawโ† Search
2011 CLC 161

ZAFAR ALI vs WAFAQI MOHTASIB (OMBUDSMAN) and 4 others

Citation2011 CLC 161
CourtLahore High Court
Case No.Writ Petition No, 23314 of 2010
Date2010-11-05
Judge(s)Sheikh Ahmad Farooq
ResultPetition dismissed

ORDER

SH. AHMAD FAROOQ, J.---Through the instant petition under Article 199 of the Constitution of Islamic. Republic of Pakistan, 1973, the petitioner has prayed for setting aside the order dated 30-9- 2010, whereby the leaned Wafaqi Mohtasib (Ombudsman) has dismissed the complaint of the present petitioner. The petitioner has also prayed for passing a direction to respondents Nos.3 and 4 to comply with the earlier order of the Wafaqi Mohtisab (Ombudsman), dated 14-12-2009. The petitioner also solicited an order for restraining respondents Nos.2 to 4 to disconnect his electricity connection or charge illegal bill from him.

2. The facts giving rise to the instant petition are that there is a dispute between the petitioner and GEPCO regarding the correctness of the electricity bill which was agitated before the learned Wafaqi Mostasib (Ombudsman) and decided on 14-12-2009 and 30-9-2010. Thereafter, the respondent No,4 has sent a bill of Rs,67,805 including the previous disputed charges as well as amount of detection bill.

3. I have heard the learned counsel for the petitioner as well as the learned Additional Advocate- General regarding the maintainability of the instant petition.

4. The learned counsel for the petitioner could not satisfy this Court as to how a writ petition is maintainable against an order passed by the learned Wafaqi Mohtasib without availing the remedy of a representation before the President of Pakistan. In the instant case, the petitioner has not availed the alternative efficacious remedy available to him under the law. Even otherwise, correctness of the amount of electricity/detection bill is a factual controversy, which could only be resolved after recording of evidence and this exercise cannot be undertaken by this Court in its Constitutional jurisdiction. The consumer, who wishes to challenge a detection bill, can seek his remedy under General Civil Law by initiating appropriate proceedings before the Civil Court of plenary jurisdiction. Hence, the instant writ petition is not maintainable and the same is, accordingly, dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch