COMPLAINT ABOUT FAULTY SERVICES
1. The court is on tour at Layyah.
2. The case is at the stage of the filing of the written statement which has been filed today jointly on behalf of the defendants containing certain preliminary/ legal objections and the parties are prepared for the arguments as such I proceed to dispose off the complaint after hearing the arguments of learned counsel for the parties by discussion in the following paragraphs:-
3. The grievance of the claimant is to the effect that he is resident of Chak No. 149 C/TDA Tehsil & District Layyah performing agriculture having electric connection bearing No.29-15732-0659300-R in the name of his deceased paternal uncle namely Ahmad Bakhsh s/o Khuda Bakhsh; that electric connection has been disconnected and meter has been removed on 03-07-2011 by the subordinate staff of defendants No.1 & 2 without any previous notice and without any justification; there are no arrears payable by the claimant; that the units existing on the removed meter were not notified to the claimant; that no notice was issued about the removal of meter; that new meter was installed on the same date when the old meter was removed; that excessive units were shown in the bill of June 2011 by charging Rs.50323/-; that the lands are being irrigated by electric motor since 1967 having the maximum bill of Rs.14,000/- for last 20 years; that the claimant has been harassed and caused mental tension and financial loss by the defendants; that the disputed bill is liable to be corrected; that legal notices through registered post have been issued prior to the complaint; that the bill has not been corrected despite filing of applications; that disputed bill should be corrected in accordance with actual consumed units; that the meter should not be removed due to non payment; that the claimant should be awarded Rs.15,000/- as special damages.
4. The version of the defendants in their joint written statement is to the effect that the claimant has no cause of action; that the complaint is not maintainable in presence form; that notice has not been issued in accordance with law; that the meter was replaced in accordance with law; that the meter was found correct by team of M&T; that the bill was not paid by the claimant and notice was issued to him before disconnection due to non payment; that the bill was correctly issued in accordance with reading; that the complaint should be dismissed and defendants should be awarded the costs under S.35 (A) CPC.
5. It is pertinent to note that although evidence is necessary to be recorded under S.30 of PCP Act 2005 for disposal of the complaints by the Consumer Courts but since the procedural laws known as the Code of Civil Procedure, 1908; the Code of Criminal Procedure, 1898; the Qanun-e-Shahadat Order, 1984, the Bankers' Books Evidence Act, 1891 are not strictly applicable to the proceedings of the Consumer Courts, as such the propriety demands that the regular evidence should not be recorded in such cases where the points for determination are mostly based on the copies of the admitted documents available in the file of the complaint or admitted in the pleadings.
6. I am of the view that certain cases can be effectively disposed off without recording regular evidence and by reliance upon the copies of the documents annexed in the file of the court for quick disposal so as to avoid the technicalities and un necessary delay in the disposal of cases. It is further observed that it is proper and necessary to treat the copies of the documents annexed with the complaint and written statement including the documents filed during the pendency of the complaint, as prima facie proof and evidence of the parties for reaching to the safe and just conclusion in such cases which are capable of disposal without recording regular evidence just like the present case.
7. The documents to be relied upon by the claimant and included in the file consist of the copy of CNIC of the claimant; copy of the license of learned counsel for the claimant; original affidavit of the claimant; copy of the legal notice issued by the claimant; copy of the disputed bill; copies of the previous bills; original postal receipt about issuance of legal notice.
8. It is pertinent to observe that the ELECTRICITY is a PRODUCT according to the definition provided in the Sale of Goods Act, 1930 and the said definition has been made applicable on the cases under PCP Act, 2005 by S.2 ( j ) of the latter Act.
9. It is also observed that the AUTHORITY providing the ELECTRICITY as a product comes within the definition of the MANUFACTURER under S.2 (h) as such the AUTHORITY is obliged to fulfill all the responsibilities of a MANUFACTURER of the product under S.4 to 12 & 18 to 20 being supplied in dual capacity of the MANUFACTURER along with responsibilities of the SERVICE PROVIDER under S.13 to 17 of PCP Act, 2005. The responsibilities of the respondents are therefore dual as MANUFACTURERS as well as SERVICE PROVIDERS. The expectation of the public about better services of the MEPCO is therefore genuine and enforceable under the law.
10. I have observed from the perusal of the file in the light of the arguments that since the average of the previous years is not more than Rs.20,000/- per month according to the version of the claimant as such the disputed bill of June 2011 is liable to be corrected in accordance with the average consumption of previous three years, however the variation of rates and enhancement of electric charges during the said period is also to be computed towards the calculation of the average charges of three years.
11. As far as the prayer about the recovery of the damages is concerned, it is hereby observed, that return of the consideration or a part thereof and the costs is provided in the law where the consumer has suffered the loss of utility or lack of benefit only while the manufacturer or service provider is also liable for the damages where the consumer has suffered any damage from the defective product u/s 10 & faulty service u/s 15; that the manufacturer or service provider is liable to a consumer for damages proximately caused by the defective product u/s 4 & faulty service u/s 13; that the liability of the manufacturer or service provider is not limited or excluded by the terms of any contract or notice about the defective product u/s 12 & faulty service u/s 17; that the disclosure of the details has been made essential about the product and service where the nature of the same is such that it is material to the decision of the consumer to enter into the contract with reference to the product u/s 11 & service u/s 16; that the standard for the provision of services is determined as such which a consumer could reasonably expect to obtain in Pakistan at the time of the provision of the service u/s 14; that the court is authorized to direct the defendant to pay reasonable compensation for any loss suffered due to negligence of the defendant u/s 31(e); that to award damages where appropriate u/s 31(f); that to award costs including lawyer's fees incurred on the legal proceedings u/s 31(g) of PCP Act, 2005.
12. It is settled law that the manufacturer or service provider is not liable for any damages except a return of the consideration or a part thereof and the costs, specifically where the consumer has not suffered any damages from the product or provision of service except lack of utility/benefit. Since there is no explanation in the present claim about any other damages except the loss of utility or lack of benefit as such I find that there is no need to put the case for evidence to provide such damages and the claimant is not entitled to recover the damages in the given circumstances.
13. In accordance with above discussion, the complaint is hereby disposed off accordingly to the extent of the correction of the disputed bill whereas the complaint is dismissed to the extent of special damages.
14. Parties are left to bear their own costs.
15. A copy of this order be provided free of costs to the claimant and the representative of defendant No.1 along with issuance of a copy through post to the RO MEPCO Layyah for compliance.
16. 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.
17. 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.