IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1131 of 2009

_______________________________________________________________ Date Order with signature of Judge

_______________________________________________________________

1. For order on Misc. 6885/09

2. For order on Misc. 6886/09

(Att: The matter is already fixed on 06-7-2009)

19/6/2009:

Mr. Aziz-ur-Rehman Akund, Advocate for the Petitioner.

Mr. Ashraf Mughal, DAG.

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1. Urgency application is granted.

2. The dispute in the instant petition relates to claim made by the respondents on the basis of alleged excessive consumption of electricity. It is the case of petitioner that for the last two years the disputed amount is not being recovered and current monthly bills are being paid and when the petition was filed the current bill has been stopped and the electricity has been disconnected. The dispute and/or controversy as regards charges for energy or any controversy as to excessive billing or defect in the meter and any difference or dispute between the licensee and consumer is to be decided by the Electric Inspector within a period of 90 days contemplated in Sections 24(2) and 26(6) of Electricity Act, 1910 and these factual controversies could be effectively resolved before the Tribunal under the Electricity Act.

However, looking to the present set of circumstances of the case and in view of the fact that for the last two years the amount is being received and the bills provisionally corrected till filing of the petition, we would dispose of this petition coupled with the listed application with an explicit direction to the petitioner to approach the Electric Inspector as referred to above in respect of his grievance raised in the petition along with all the documents and the Electric Inspector to decide the said controversy within the period contemplated above after notice and hearing of respondents KESC. However, on payment of current bills, the respondent No.2 shall restore the electricity of the petitioner.

Karachi;

Dated: 19/6/2009 J U D G E