Dr. Izhar Hussain vs.

Manager Sui Northern

IN THE COURT OF SOHAIL NASIR DISTRICT AND SESSIONS

JUDGE/JUEGE CONSUMER COURT,
RAWALPINDI
(Case No. 15 of 14.11.2012)

Dr. Izhar Hussain Vs. Manager Sui Northern

Present: Claimant with Mr. Waqas Ali Malik advocate

Mrs. Hifza Bukhari advocate for defendant
Mr. Shahzad Hameed Revenue Supervisor

ORDER
1. By way of this order a preliminary objection about jurisdiction of
this Court raised by learned counsel for defendant is being decided.
2. This is second round of litigation. In earlier case filed by Dr. Izhar
Hussain Abidi/claimant under section 25 of The Punjab Consumer
Protection Act, 2005 (hereinafter to be called the Act,) against defendant/Sui
Northern Gas Pipeline department according to paragraph No. 5 of that
claim there was a prayer for correction of bill for April 2012 which was Rs.
51150/-. In that case defendant was proceeded ex-parte but claim was
disposed of on 08.09.2012 by this Court on the reason that it was a matter
pertaining to correction of bill so same did not fall within the jurisdiction of
this Court. However, an observation was given that claimant could file a
grievance petition before defendant who after inquiry may satisfy him.
3. Same claimant against same defendant now in second round is of
the view that his grievance petition was not decided and what defendant
had done was that it removed gas meter from premises of claimant. On
this cause of action various kinds of reliefs have been prayed for.
4. Learned counsel for defendant contends that still claim of claimant
is for correction of bill which matter in view of earlier order passed by this
Court is out of domain of the Act; once meter was removed by defendant
due to non payment of bill by claimant despite disconnection notice, the
relations of consumer and service provider has seized to exist.
5. Learned counsel for claimant, on the other hand argues that gas
meter installed at the premises of claimant was defective and due to said
reason there was wrong bill sent to claimant hence when the matter
involves question of defective and faulty services, the Act shall play its role
and claimant is entitled for protection under its provisions.
6. Arguments heard.
 Dr. Izhar Hussain vs. Manager Sui Northern

7. Without any reservation it is found that even through this claim the
dispute which claimant has agitated is about correction of bill sent by
defendant to him as according to him he never consumed the units shown
against him. It means that even today he is asking for same relief and if it
is so, I cannot go beyond my verdict which I made while deciding first
round of litigation. My said view is also supported from a latest
pronouncement of Honourable Lahore High Court in case title “Messrs Sui
Northern Gas Pipeline Limited Vs. Abdul Hameed 2012-CLD-1428” where
it was held that prayer for correction Sui Gas bill and change of meter by
no stretch of imagination will confer jurisdiction upon Consumer Court.
8. Coming to second contention of learned counsel for claimant about
defective and faulty services, I do not find any force in this argument.
What to say about today even before filing the claim in this Court there
was no relation in existence of parties as consumer and service provider
because claimant did not pay the bill against him which could be said a
consideration whereas defendant on this reason after disconnection notice
removed the gas meter which amounts to withdrawal of services. Hence
when there exists no such relations, this Court cannot come forward to
adjudicate upon the dispute between parties.
9. In view of above objection of learned counsel for defendant is
upheld that this Court has no jurisdiction in the matter. Claim is,
thereafter, returned to claimant who shall be at liberty to approach the
Court of ultimate jurisdiction, if so advised. File shall be consigned to
record room after its due completion.

Announced (SOHAIL NASIR)

26.11.2012 District & Sessions Judge/
Judge Consumer Court,
Rawalpindi
It is certified that this order consists of two pages. Each page has been
dictated, read, corrected and signed by me.

(Judge Consumer Court)

Rawalpindi
Rawalpindi.