2. The case is at the stage of the arguments which have been heard today as such I proceed to dispose off the complaint by discussion in the following paragraphs:-
3. The version of the claimant is to the effect that he is being charged with excess reading since September 2010 without any additional load; that defendant No.4 wants to take illegal gratification for the purpose of the replacing of the meter and cancellation of average units; that the bill has not been corrected despite issuance of legal notice. The claimant has requested that the disputed units should be cancelled and excess amount should be compensated in future bills along with the recovery of Rs.50,000/- as damages and Rs.10,000/- as counsel fee and Rs.5000/- as litigation charges and any other admissible relief.
4. The defendants have contested the complaint by filing their joint written statement containing the main objection against the jurisdiction of this court on the basis of detection bill with the request for the dismissal of the complaint. The copies of detection proforma and detection notice along with letter dated 13-06-2011 have been attached with the written statement by the defendants.
5. I have observed that the jurisdiction of this court is barred in the disputes relating to the detection bills by un reported judgment in the case titled Mst. Shaheen Akhtar etc. Vs. Superintending Engineer MEPCO etc, bearing FAO No. 78/09 to the effect that the Consumer Court can not decide the case regarding detection bill and such matter either can be taken before Electric Inspector or before the civil court.
6. It is settled law that when the court has no jurisdiction of entertain any case then the same is proper to be returned for the presentation before the competent court as such although the Code of Civil Procedure is not fully applicable on the proceedings of this court however it is proper to apply the said principle of the civil procedure on the proceedings of this court in the interest of justice by return of the complaint for presentation before the civil court.
7. In accordance with above discussion, the present complaint is hereby disposed off by return with the liberty to the claimant to draft fresh plaint in accordance with law for presentation before learned civil court or to take the original complaint back by providing attested copy of the same for including in the present file.
8. Parties are left to bear their own costs.
9. A copy of this order is directed to be made available for publishing on the internet to the website of Punjab Consumer Protection Council Secretariat, 135-J, Model Town, Lahore for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCP Rules, 2009.
10. The file of this complaint is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.