The appellant had appealed against his suspension from service through an order passed by a single bench. PHOTO: FILE
The national power regulator's assurance came in response to a petition seeking removal of the digital meters recently installed by the power utility in Karachi and an inquiry into alleged overbilling through these meters remotely controlled by the K-E management. Headed by SHC Chief Justice Ahmed Ali M Sheikh, a two-judge bench was hearing the petition.
Filing its comments in response to the notice issued by the court on the last date, the national power regulator argued the petitioner had not availed a remedy under Section 39 of the Nepra Act read with provisions of the Nepra (Complaint Handling and Dispute Resolution Procedure) Rules, 2015 by not proceeding with his complaint on which K-E had filed its reply. The petitioner failed to file a rejoinder.
Nepra said the petitioner had no cause of action against the power regulator, hence his petition was not maintainable and liable to be dismissed. However, it was stated in the comments that Nepra could reinitiate proceedings on the complaint, if the petitioner would approach the court once again.
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After hearing arguments from Nepra's lawyer, the CJ transferred the matter to the concerned division bench, headed by Justice Syed Hasan Azhar Rizvi, for further hearing and passing appropriate order, if any.
Case history
The petition was jointly filed by citizen Uzair Shahid along with Advocate Dur Muhammad Shah who had named the K-E chief executive officer (CEO), Nepra and the National Accountability Bureau (NAB) director-general as respondents.
Advocate Shah had informed the bench that he lived in a three-room apartment, where no heavy appliances like air-conditioners or UPS devices were installed. He said since the last 15 years the monthly consumption of power units at his residence ranged between 150 and 180 units, resulting in electricity bills between Rs1,500 and Rs2,500.
The lawyer stated that in March last year, suddenly the consumption of power units increased to 2,253 units, raising the electricity bill to Rs46,541. When he investigated the matter, he came to know that K-E had removed the old meter without his consent and installed a new smart digital meter on February 24, 2016.
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The petitioner informed the court that the new meter runs very fast, due to which electricity bills of power consumers have multiplied. Aggrieved by paying excessive bills every month, Advocate Shah filed a complaint with the federal ombudsman in Karachi on September 26, 2016. The ombudsman ordered the K-E management to revise his bills. However, the power utility did not comply with the ombudsman's orders, the petitioner claimed.
The petitioners argued that the new smart digital meters, which were imported by a Chinese company, could be controlled through devices like mobile phones and laptops. They alleged that K-E's management has been manipulating the meter readings.
The petitioners alleged that through such manipulation, the power utility collected Rs77 billion through excessive billing in September this year. The petitioners informed the bench that they also complained to Nepra in August this year regarding the manipulation of meter readings by K-E but no action had so far been taken by the national power regulatory against the power utility.
The petitioners also claimed to have approached NAB on October 10 requesting the accountability watchdog to initiate an inquiry into the installation of smart digital electricity meters.
The SHC was pleaded to direct K-E to remove all such digital smart meters from Karachi which were installed to charge excessive bills from the power consumers. The court was requested to direct the Nepra to impose fine on the K-E management under the Nepra Act, 1997 for charging bills of excessive units from the consumers. A direction was also sought for NAB to investigate the matter.
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