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2013 CLC 141

Messrs KARACHI STEEL MILLS and others vs WAPDA and others

Citation2013 CLC 141
CourtIslamabad High Court
Case No.Writ Petitions Nos.2972, 3168, 3208, 3235, 3243, 3366, 3422, 3453,</p>
Date2012-10-24
Judge(s)Shaukat Aziz Siddiqui
ResultPetition allowed

ORDER

1. ' SHAUKAT AZIZ SIDDIQUI, J.--- For the reasons, to be recorded later on, all above captioned writ petitions are allowed through instant single order, to the following effect:

(i) It is declared that Regulatory Authority is under statutory obligation to protect the interest of consumer as well, instead of allowing the distributors to raise demand of FAC in a A mechanical fashion. The Constitution of the Islamic Republic of Pakistan does not permit exploitation of any kind or form, therefore, it casts duty upon the High Court to protect any person from being exploited and to provide shield to the Socio B Economic fibre of the country, from being disrupted at the hands of executive functionaries. The consumers/citizens cannot be left at the mercy of bodies at advantageous position, as arbitrary exercise of authority, mala fide actions and illegal demands have always been checked by the superior Courts.

(ii) Levy and demand of Fuel Adjustment Charges as arrears with retrospective effect is declared as unconstitutional, besides the law applicable principles of natural justice and dictums laid down by the superior courts of the country.

(iii) The scope of levy/demand of Fuel Adjustment Charges cannot be expanded and has to remain within the variations in the prices of fuel.

(iv) The distributors of electricity are directed to issue amended bills and in case consumers had already paid the bills, excessive amount received be adjusted accordingly, which has to be reflected in the bills of coming month. All persons/consumers whether before this Court, or not, must be treated equally.

Cited by 3 cases

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