S M ATTIQUE SHAH, J. Through the present appeal, the appellant has expressed his grievance against the judgment and order of learned Judge, Consumer Court, Nowshera dated 28.01.2023, whereby, his complaint has been rejected being time barred on acceptance of the application of the respondent-PESCO.
2. Heard. Record perused.
3. As the matter in hand revolves around the provisions of Khyber Pakhtunkhwa Consumers Protection Act, 1997, therefore, it would be beneficial to refer to the very object and; purpose of the said enactment. The ibid enactment was promulgated to provide for healthy growth of fair commercial practices, the promotion and; protection of legitimate interest of consumers and; speedy redressal of their complaints and; matters arising out of or connected therewith. The ibid purpose and; object clearly envisages that the said enactment is consumer beneficial and; as such, it requires to be treated in the same manner in order to provide and; extend the consumers a fair chance qua protection of their legitimate rights. Coming to the merits of case, it was the appellant, who filed a complaint through a prescribed Form against the respondent-PESCO before the learned Consumer Court, Nowshera on 03.08.2022. Upon notice, the respondent PESCO filed an application for rejection of the complaint being filed beyond the period prescribed by subsection
(2) of section 13 of the KPK Consumer Protection Act, 1997, which was accepted by the learned court below and; consequently, the complaint of the appellant was rejected being time barred through the impugned order.
4. A perusal of the impugned order reflects that the learned Consumer Court has not properly appreciated the contents of the complaint while rejecting the same as the appellant has specially questioned in Para-2 thereof the exaggerated amount of Rs.2,08,774/- shown in his electricity bill issued to him on 20.07.2022 payable till 05.08.2022. Had he been aggrieved from the disconnection of the electricity supply to his premises by the respondents by means of removing his meter way back in April 2020, then he would have definitely challenged the same in his complaint, which is certainly not the case here. Section 13(2) of the Khyber Pakhtunkhwa Consumer Protection Act, 1997 provides that a complaint shall be submitted before the worthy Consumer Court within 10 days of the sale, delivery or rending of the service. In the case in hand, the appellant has filed the complaint against the respondent PESCO before the learned Consumer Court on 03.08.2022, while the disputed electricity bill was payable till 05.08.2022, hence, in the attending circumstances of the case, the question of limitation would at best be seen at the time of final determination of the matter by the learned Consumer Court; particularly, in the circumstances, when the first proviso to the ibid section has conferred discre tion upon the court to entertain a complaint filed beyond ten days within such time as it may allow if it is satisfied that there was sufficient cause for not filling the same within the specified time subject to the provision of second proviso.As such, the learned consumer court has committed gross illegality and; jurisdictional error while rejecting the complaint of the appellant through the impugned findings without adhering to the provisions of the provisos to section 13 of the ibid act and; as such, the impugned findings are liable to be set aside upon acceptance of present appeal being not sustainable under the law.
5. For the reasons discussed above, instant appeal is admitted and; allowed accordingly while setting aside the impugned findings of the learned Judge Consumer Court, Nowshera and; the matter is remitted back to the learned court below where the same shall be deemed to be pending and; be decided on merits in accordance with law. Both the parties are directed to appear before the learned Consumer Court, Nowshera, as and when summoned.