| Case ID |
0f211fce-035e-4db8-a84d-0bfcda29af2d |
| Body |
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| Case Number |
Civil Appeal No.933 of 1990 |
| Decision Date |
May 27, 1991 |
| Hearing Date |
|
| Decision |
The appeal of the Water and Power Development Authority was accepted, and the order of the High Court and the judgments of the lower Courts were set aside. Consequently, the suit filed by the respondent was dismissed. The rationale behind the levy of minimum charges during the period of temporary disconnection was upheld as it was determined that the Authority must maintain readiness to provide energy when requested by the consumer. Despite the respondent's claims regarding the defective meter, the Court found no provision in the applicable laws that exempted the Authority from charging minimum fees during such periods. The parties were instructed to bear their own costs. |
| Summary |
In the case of Civil Appeal No.933 of 1990, the Supreme Court of Pakistan dealt with the issue of minimum charges levied by the Water and Power Development Authority during a period of temporary disconnection of electricity supply to Makka Ice Factory. The Court analyzed the Electricity Act and the West Pakistan Water and Power Development Authority Act to determine the legality of the charges imposed. The respondent, Makka Ice Factory, contested the billing for minimum charges during the disconnection period, citing a faulty meter as the reason for the lack of energy supply. However, the Court concluded that the Authority had a legitimate right to charge minimum fees as it needed to maintain the infrastructure and readiness to supply electricity. This decision underscores the importance of consumer obligations and the legal frameworks governing utility services in Pakistan. Keywords: electricity charges, Supreme Court of Pakistan, utility law, consumer rights, minimum billing, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority,
Makka Ice Factory
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
MUHAMMAD AFZAL LONE, J
|
| Lawyers |
Muhammad Ilyas Khan, Advocate Supreme Court instructed by Ch. M.Z. Khalil, Advocate-on-Record (absent),
Raja Muhammad Akram, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 2 others
|
| Respondents |
MAKKA ICE FACTORY through Mian Amanullah
|
| Citations |
1991 SLD 560,
1991 PLD 813
|
| Other Citations |
Not available
|
| Laws Involved |
Electricity Act (IX of 1910),
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973)
|
| Sections |
Schedule, Cl. XI-A,
S.27,
Art.185(3)
|