The court is on tour at Layyah.
1. The case is at the stage of the issuance of the notices to the defendants who are being represented today by Shahid Iqbal L.S along with the filing of written statement coupled with copies of the notice and detection performa and copy of detection bill also.
2. Since the parties are prepared for arguments as such I proceed to dispose off the complaint by discussion in the following paragraphs:-
3. The grievance of the claimant relates to the detection bill relating to reference No. 06-15731- 0460546-R on the basis of the meter No. S-P 850014 but the claimant has not yet availed the remedy provided under the settled policy of MEPCO relating to the disposal of the representations against the disputed charges by the Standing Review Committee. He is therefore obliged to exhaust the said remedy before challenging the same in the court.
4. The present complaint is therefore pre-mature as such hereby converted into the representation and the matter is deemed to have been forwarded to the DMO/Ex-En concerned for the purpose of taking the decision of the Review Committee by treating the same as representation.
5. Issuance of notice to the claimant for appearance before the review Committee should be ensured through special Messenger/post by the DMO/Ex-En.
6. Meanwhile fresh bills are to be issued in accordance with actual reading of the meter while keeping the amount of disputed bill separate for determination of Review Committee, so that current charges may be deposited regularly. The connection would not be liable to be disconnected till the decision of the Review Committee if 1/3 amount of the disputed charges is paid as well as current charges, if already not deposited. Modified bill is directed to be issued accordingly.
7. The amount so deposited in excess would be liable to be adjusted towards future charges if the disputed charges are modified by the Review Committee as advance credit.
8. It is however clarified that the claimant would be at liberty to seek his remedy by filing regular civil suit immediately without waiting for the decision of the Review Committee, if so advised and further clarified that the present complaint would be deemed to have been withdrawn with permission to file regular suit in the Civil Court in case of the institution of such suit before the decision of Review Committee and also clarified that the claimant would still have the remedy to challenge the decision of the Review Committee even if he has not filed the suit prior to the decision of the said committee to challenge the said decision afterwards, but the suit would have to be filed before the Civil Court.
9. It is also clarified that there would be no bar on the claimant to seek his remedy from the Electric Inspector in accordance with law if so advised by his learned counsel.
10. As far as the damages, compensation and litigation charges are concerned, it is observed that since matter is deemed to be still sub-judice before the Review Committee and the claimant has another remedy for the filing of civil suit in case of adverse decision of the Review Committee therefore it is not proper to award any damages or compensation or litigation charges at this intermediary stage. The claimant is therefore not entitled to the damages under S. 13 or charges under S. 31 of PCPA 2005, at this stage.
11. For what has been discussed above, the complaint is hereby disposed of by converting the same into the representation and forwarding the same for disposal by Standing Review Committee of MEPCO through DMO/Ex-En concerned by keeping in view the fore going observations of this court.
12. The parties are left to bear their own costs.
13. Attested copy of this order is to be sent to the SDO concerned at the responsibility of the Ahlmad/ representative of the defendants for implementation.
14. Claimant is entitled to get the order implemented by filing the application for implementation with reference to S.31, 32 & 36 of PCPA 2005, if so required.
15. A copy of this order would be available for publishing on the internet to the website of PCPC for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCPR 2009.
16. The file of this complaint is to be consigned to the main record room at D.G.Khan 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.