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Citation: 2018 PLD 26
Court: PESHAWAR-HIGH-COURT
Parties: EXN PESCO, SUB-DIVISION-II vs SHER AFZAL KHAN
P L D 2018 Peshawar 26 Before Muhammad Nasir Mahfooz, J EXN PESCO, SUB-DIVISION-II and another---Appellant Versus SHER AFZAL KHAN---Respondent Criminal Appeal No.257-M of 2016, decided on 10th August, 2017 Khyber Pakhtunkhwa Consumers Protection Act (VI of 1997)--- ----Ss. 12 & 17---Electricity Act (IX of 1910), S.54-C---Disputed Electricity bill---Bar to jurisdiction of courts---Scope---Complainant did not default in paying any monthly electricity bill but he had disputed incorrect reading recorded in the bill---Plea raised by authorities was that jurisdiction of Consumer Court was barred-Validity---Disputed electricity bill did not commensurate with actual electricity consumed by complainant---Such discrepancy was proved from documentary evidence produced during trial---Consumer Court though was actually bound to determine subject matter of complaint in summary manner but still a complete opportunity of hearing was given to both parties to settle their controversy one for all---High Court declined to interfere in the matter as Consumer Court had rightly allowed complaint by giving sound reasons after considering each and every aspect of the matter---Appeal against order was dismissed in circumstances. Water and Power Development Authority and others v. Messrs Kamal Food (Pvt.) Ltd. Okara and others PLD 2012 SC 371 rel. Fazal Rehman for Appellants. Ali Muhammad Khan for Respondent. Date of hearing: 10th August, 2017. JUDGMENT MUHAMMAD NASIR MAHFOOZ, J.---Through the instant…
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