1. The case is at the stage of the filing of the written statement which has been filed and the arguments have also been heard and file has been perused in the light of the arguments as such I proceed to discuss and decide and dispose off the matter in accordance with the findings in the following paragraphs.
2. Briefly stated the version of the claimant is to the effect that the bill was being charged on the basis of the defective meter which was removed afterwards and not being installed but the bill is being sent without consumption relating to reference No.09-15732-0622601-R.
3. The defendants have contested the complaint by filing their joint written statement and raised certain preliminary and legal objection with request for dismissal of the complaint, however they are stated to be prepared for restoration of the connection on payment of charges and RCO fee.
4. I have observed that there are inherent defects in the complaint in accordance with the objections contained in the written statement due to which the complaint is not maintainable. One of the objections raised by the defendants is about non-issuance of legal notice. Since there is no mention of any notice in the present complaint as such I find that the complaint is not maintainable due to the lack of notice and due to non compliance of mandatory provision of S.28
(2) of PCP Act (Act II of 2005). Another objection is about non verification of the complaint which is also found to be correct. It is also pointed out that there are no signatures or thumb impressions of the claimant or the representative on the complaint.
5. It is therefore observed that it is in the interest of justice to return the complaint for fresh institution duly verified and duly signed after issuance of the legal notices to the defendants in accordance with law instead of dismissal on technical grounds.
6. It is however observed that fresh complaint is to be instituted before learned civil court of competent jurisdiction if the disputed charges are based on detection bill because this court has no jurisdiction to adjudicate such cases due to a ruling of Honourable High Court.
7. It is however proper for the defendants to redress the grievance of the claimant if possible under the rules so as to provide due relief to the claimant without intervention of this court.
8. In accordance with above mentioned observations, the complaint is hereby disposed off by return.
9. Parties are left to bear their own costs.
10. A copy of this order is to be provided to the representative of the defendants for onward transmission to the AMO / SDO concerned at the responsibility of the Ahlmad of this court for compliance.
11. A copy of this order is being 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.
12. 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.