Legal Case Summary

Case Details
Case ID 2c7153b7-d40e-4a55-800c-4e1ffd046041
Body View case body.
Case Number Writ Petitions Nos.2972, 3168, 3208, 3235, 3243, 3
Decision Date Oct 24, 2012
Hearing Date Oct 08, 2012
Decision The Islamabad High Court allowed the writ petitions, declaring that the Regulatory Authority must protect consumer interests and cannot permit the demand of Fuel Adjustment Charges in a mechanical manner. The court found the retrospective demand of these charges unconstitutional and against principles of natural justice. It ordered power distribution companies to issue amended bills and adjust overpayments accordingly. The decision emphasized the court's role in preventing exploitation and protecting citizens from arbitrary actions by authorities.
Summary In the case of the writ petitions involving Karachi Steel Mills and WAPDA, the Islamabad High Court addressed the legality of Fuel Adjustment Charges imposed retrospectively by power distribution companies. The court ruled that this practice was unconstitutional and infringed upon consumer rights as protected under the Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997 and the Constitution of Pakistan. This landmark decision reinforced the importance of consumer protection in the energy sector, ensuring that consumers are not subjected to arbitrary billing practices. The court mandated that any overcharges be rectified in future billing, enhancing transparency and accountability among electricity suppliers. This case highlights significant legal principles concerning consumer rights, the scope of regulatory authority, and the judiciary's role in safeguarding the public against exploitation by powerful entities. The ruling serves as a precedent for future cases involving consumer rights and energy regulation, emphasizing the need for fair practices in the energy market.
Court Islamabad High Court
Entities Involved WAPDA, FESCO, NEPRA, PESCO, MEPCO, LESCO, NTDC, GEPCO, IESCO, HESCO, KARACHI STEEL MILLS
Judges SHAUKAT AZIZ SIDDIQUI, J
Lawyers Muhammad Nawaz, Niazullah Khan Niazi, Rana Asif Saeed, Malik Qamar Afzal, Tariq Mehmood, Muhammad Asif Khan, Sh. Muhammad Ali, Mian Mehmood Rashid, Ch. Mumtaz-ul-Hassan, Muhammad Khalid Zaman, Muhammad Shafique, Munawar-us-Salam, Nabeel Rehman, Muhammad Rehan Sarwar, Mian Muhammad Hussain Chotiya, Syed Ishfaq Hussain Naqvi, Fazal-ur-Rehman, Kh. Ahmed Tariq Rahim, Shamshad Ullah Cheema, Muhammad Usman Sahi, Syed Kazim Hussain Kazmi, Muhammad Siddique Malik, Muhammad Shakeel Abbasi, Saeed Raza, Asad Jan, Shakeel, Noman Munir Peracha, Muhammad Siddique Mughal, Babar Ilyas Chatha, Barrister Momin Ali Khan, Malik Mumtaz Hussain Khokhar, Shahzad Rabbani, Ms. Zainab Effendi, Ms. Rehana Zaman, Rao Hamid Rehman, Ms. Mehraj Tareen, Kh. Manzoor Ahmed, Bilal Akbar Tarrar, Faqir Hussain Majrooh, Muhammad Akram Naveed, A. Salam Qureshi, M. Anum Salim, Ch. M. Tahir Mehmood, Ch. Muhammad Abdul Latif Gujar, Arif Mehmood, Jawed Mehmood Pasha, M. Rehan Sameer, M. Waseem Chaudhry, Rana Ali Akbar Khan, Ghulam Farid Chaudhry, Mushtaq Ahmed Kamboh, Muhammad Siddique Qazi, Muhammad Waqas Malik, Zulqarnain Hamid
Petitioners Messrs KARACHI STEEL MILLS and others
Respondents WAPDA and others
Citations 2013 SLD 639, 2013 CLC 141
Other Citations Not available
Laws Involved Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997, Constitution of Pakistan, 1973
Sections 7(6), 31(2), 3, 199