| Case ID |
e1ab9b26-21a5-4b05-96b7-b4fc5ad8aece |
| Body |
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| Case Number |
Civil Petition No. 3598 of 2020 |
| Decision Date |
Sep 20, 2023 |
| Hearing Date |
Sep 20, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petition for leave to appeal against the Order dated 16.11.2020 passed by the Lahore High Court, Rawalpindi Bench. The Court found that the petitioner failed to prove that the gas consumption bill was calculated correctly. The High Court's decision to set aside the gas consumption bill was upheld, emphasizing that the procedure for assessing gas theft was not properly followed. The judgment highlighted the importance of evidence and the burden of proof in establishing claims related to gas theft. The Court noted that the petitioner did not produce sufficient evidence to support the calculation of alleged pilferage charges, leading to the conclusion that the appeal lacked merit. |
| Summary |
In the case of Civil Petition No. 3598 of 2020, the Supreme Court of Pakistan addressed allegations of natural gas theft by the petitioner, Sui Northern Gas Pipelines Limited (SNGPL), against the respondent, Muhammad Arshad. The core issue revolved around the methodology used to assess the gas consumption bill, which the respondent contended was inaccurately calculated. The Court examined the Gas (Theft Control and Recovery) Act, 2016, particularly sections 16 and 17, which outline the procedures for dealing with theft of gas. The judgment emphasized that the procedure approved by the Oil and Gas Regulatory Authority (OGRA) must be strictly adhered to when assessing cases of gas theft. The Supreme Court concluded that the petitioner failed to present adequate evidence to substantiate the claims of gas theft and the calculation of the bill. The Court's decision reinforces the principle that the burden of proof lies with the party making the claim, and that any allegations of theft must be supported by credible evidence. This case is significant in the context of energy regulation and consumer rights, highlighting the legal obligations of utility companies in substantiating their claims against consumers. The ruling serves as a precedent for similar cases involving gas theft and the necessary procedural safeguards that must be observed to ensure fairness and accuracy in billing practices. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sui Northern Gas Pipelines Limited,
Oil and Gas Regulatory Authority
|
| Judges |
Yahya Afridi,
Sayyed Mazahar Ali Akbar Naqvi,
Muhammad Ali Mazhar
|
| Lawyers |
Raja Zubair Hussain Jarral,
Malik M. Taimur Naseem
|
| Petitioners |
Sui Northern Gas Pipelines Limited
|
| Respondents |
Muhammad Arshad
|
| Citations |
2024 SLD 52,
2024 SCMR 122
|
| Other Citations |
Not available
|
| Laws Involved |
Gas (Theft Control and Recovery) Act, 2016
|
| Sections |
16,
17
|