| Case ID |
0bb32e83-2319-4809-bdac-ddc630131a92 |
| Body |
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| Case Number |
Constitution Petition No. 1841 of 2022 |
| Decision Date |
Nov 29, 2022 |
| Hearing Date |
Nov 21, 2022 |
| Decision |
The constitutional petition filed by Fazal Muhammad was dismissed as it was determined that the matter should have been addressed through the appropriate Gas Utility Courts established under the Gas (Theft Control and Recovery) Act, 2016. The court found that the petitioner was a consumer of natural gas and had alternatives available for dispute resolution as provided by the law. The petitioner had directly approached the High Court without availing the proper remedy, which led to the dismissal of the petition in limini. The court emphasized the importance of following the prescribed procedures for complaints and suits regarding issues between consumers and gas utility companies. |
| Summary |
In the case of Fazal Muhammad vs. Managing Director Sui Gas, the Balochistan High Court dealt with a constitutional petition concerning a dispute over a gas connection damaged due to construction work. The petitioner claimed that the Sui Southern Gas Company lodged a false FIR against him and demanded payment for gas consumption. After being acquitted of the charges, the petitioner sought to recover the amount paid to the gas company. However, the court ruled that the petitioner should have pursued remedies through the Gas Utility Courts as stipulated by the Gas (Theft Control and Recovery) Act, 2016. This case highlights the procedural requirements for resolving disputes between consumers and gas utility providers and underscores the necessity of adhering to established legal frameworks. The decision illustrates the court's commitment to ensuring that consumers utilize the appropriate channels for grievance redressal, reinforcing the significance of the Gas Utility Courts as alternate forums for dispute resolution. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Hashim Khan Kakar,
Iqbal Ahmed Kasi
|
| Lawyers |
Abdul Hayee Bangulzai
|
| Petitioners |
FAZAL MUHAMMAD
|
| Respondents |
MANAGING DIRECTOR SUI GAS, QUETTA
|
| Citations |
2023 SLD 832,
2023 PLD 36
|
| Other Citations |
Not available
|
| Laws Involved |
Gas (Theft Control and Recovery) Act, (XI of 2016),
Constitution of Pakistan, 1973
|
| Sections |
6,
199
|