Appeal (advisory Board)

BEFORE THE ADVISORY BOARD, GOVT. OF THE PUNJAB, LAHORE.

Appeal No. 18-48/2003

MEPCO etc.

Vs.

M/s Ittefaq Ice Factory Tibba Sultan Pur, District Vehari.

Appeal under section 36 of the Electricity 1910.

Respectfully Sheweth: The parawise replies are submitted as under: 1.

That para No. 1 is correct to the extent that the appellant served a bill of Rs. 154,000/- upon the respondent being detection charges for the month of 6/2002 and 7/2002. The other contents of this para are not agreed to being incorrect. M&T Department is nowhere in the laws of the country. It is a sister formation of the appellants and its report cannot be relied upon.

2.

The content of para No. 2 are also incorrect and not admitted. The decision of the Electric Inspector, Multan, in according tot eh facts and law. The criterion for charging should be the same for the two months, whereas, the appellant changed for 6/20002 in past average consumption and for 7/2002, they have adopted a different and incorrect formula, which is also against the prevailing laws of the country.

3.

That reply to para No. 3 is that the decision of Electric Inspector is in accordance with law and justice. REASONS a) That Electric Inspector, Multan has rightly acted keeping in view the facts and law. The appellants checked the meter on 17.09.2001 and charged a detection bill for Rs. 166,830/- by charging 33% slowness of meter. The respondents paid this bill and requested to change the meter with correct one but, the respondents did not change the meter. The respondents had submitted written applications on 18.3.2002, 20.4.20002 and 05.05.2002 to X.E.N. Vehari, S.E. Vehari, X.E.N. M&T and S.D.O. Tibba Sultan Pur for replacement of meter but they took no notice. The M&T visited the premises on 13.7.2002 and declared that K.W.H. meter is 62% slow. The respondents charged another detection bill of Rs. 17,179/-, which was paid on 15.7.2002 under protest and then the meter was changed on 30.7.2002. This Hon’ble Board has been given by the Electric Inspector, Multan in the light of facts narrated above. (Copies of applications are attached as Annex “A, B, C & D”). b) That contents of sub para (b) are incorrect and not agreed to. The M&T did not change the meter in time and then declared the meter slow on 13.7.2002. As per judgment of Hon’ble Wafaqi Mohtasib in a case (copy attached as Annex “E”). The respondents cannot charge bill with retrospective effect. Moreover, the criteria should be the same for two months. Furthermore, the appellants cannot be judge of their own cause and in case of dispute, Electric Inspector is the proper forum for settlement of the dispute. c) In reply to this sub para, it is submitted that checking by M&T is the appellants’ internal affair. In case, there was any discrepancy, the matter was to be referred to the forum

of Electric Inspector, Multan as per law. The respondents are not authorised to charge detection bill at their own accord. d) That the contents of sub para are incorrect. The respondents’ action to charge 50462 units is absolutely wrong against a sanctioned load of 61 K.W., when the M.D.I. never exceeded 60 KW and it was 37.30 KW in the relevant month of 7/2002. e) That this sub para is also not admitted. The order of Electric Inspector, Multan is in line with the decision of Superior Courts. NLR 1982 Civil 663 is referred for ready reference (Annex “F”) which indicates the decision announced by the Electric Inspector, Multan, correct and according to law & justice. Special Note: Kind attention of this Hon’ble Board is invited to memo No. 16221-23 dated 23.10.02 (Annex “G”). In this letter 50642 units have been assessed on the basis of 29% slowness of meter. The sanctioned load consumed is 61 K.W., had never exceeded 60 K.W. In the month of 7/2002, consumption shown is 28618 units whereas M.D.I. was 37.30 K.W. If we consider that the facility served for 24 hours without any break for the whole month. The calculated units should be: 27.30 x 24 x 31

=

27751 units

Even if the full load is considered and 60% load factor generally applied for Ice Factories by the appellants, the calculated units will be: 61 x 24 x 30 x 60 100

=

26352 units

So, it is, in way, justified to charge 50462 units, which cannot be consumed even considering full load without applying load factor. i.e. 61 x 24 x 30

=

43920 units

The above submission may kindly be considered in the light of case law NLR 1982 Civil 663 and PLD 2001 Lhr. 31 (Annex “H”) and decision announced by the Electric Inspector, Multan may kindly be up-held declaring the detection bill of Rs. 154,000/- and Rs. 17,179/- as unjustified, illegal and without any lawful authority. Humble Respondents, Dated: _______

Through: Muhammad Ashraf Nadeem, Advocate High Court, 28-District Courts, Multan.