IN THE COURT OF SENIOR CIVIL
JUDGE, DADU
F. C Suit No: of 2016
Ahmed Ali S/O -----
R/o ---------
Taluka and District Dadu …………………………….…...………………Plaintiff
VERSUS
1.
Chairman National
Electric Power Regulatory Authority (NEPRA),
NEPRA Tower Attaturk Avenue (East), Sector G-5/1, Islamabad.
2. Chairman WAPDA, WAPDA House Lahore,
3. Chief of SEPCO WAPDA Sukkur
4. Superintendent Engineer, SEPCO WAPDA, Dadu Circle
5. Executive Engineer SEPCO WAPDA, Operation Division, Dadu
6. Sub Divisional Officer, Operation, SEPCO, Sub Division-II Dadu.
7. Line Superintendent, Feeder Phulji, Sub-Division Dadu-II
SEPCO WAPDA
Operation
8. Line
man Feeder
Phulji,
Sub-Division Dadu-II
SEPCO WAPDA
Operation
9. Meter Reader, Feeder Phulji,
Sub-Division Dadu-II SEPCO WAPDA Operation…….…………Defendants
SUIT FOR
DECLARATION, SETTLEMENT OF ACCOUNT AND PERMANENT INJUNCTION
The
above named Plaintiff submits as under:
1.
That the
Plaintiff is a consumer of WAPDA SEPCO having reference No:18 38312 0067460,
Meter No:12383120067460 as domestic consumer for his home situated at Phulji
Station near MCB Bank Phulji Station Taluka and District Dadu, which is in the
name of father of the Plaintiff and after death of his father the Plaintiff is
maintaining the same.
2.
That the
Plaintiff has regularly been making payment of Electricity Bills of aforesaid
connection and has never remained defaulter at any time, which fact can be
verified from the history of the Electricity Bills.
(Copies of Electricity
Bills are annexed and marked as Annexure A to A-7)
3.
That the
family of the Plaintiff is consisting upon only Three members and is a poor
family, hence they have very low consumption of the electricity.
4.
That in the
year 2013 the Meter Reader concerned offered the Plaintiff that if the
Plaintiff pays illegal amount of Rs:500/- per month to Defendant No:9 and the
Defendant No:9 will manage reading of the electric meter and will get issue nominal
Electricity Bill. The Plaintiff refused to meter reader (the Defendant No:9) because
he had already low consumption of Electricity. Due to that grudge the Meter
Reader in collusion with other Defendants shown load of One Air Conditioner on
the meter of the Plaintiff and started showing excessive reading in the
Electricity Bill of the Plaintiff and issued Bill of A/C connection in Green
Ink.
5.
That then
after the Plaintiff moved application dated 09.05.2013 to the Defendant No: 6
for correction of Bill and removal of load A/C connection from Electricity Bill
and request for sending ordinary bill. But the Plaintiff was kept on hollow
hopes by the Defendants.
(Copy of application dated 09.05.2015 is
annexed and marked as Annexure “B”)
6.
That the
Plaintiff was shocked when he received the Electricity Bill for the month of
August 2015 to be paid in the month of September 2015 amounting to Rs:15780/-,
which reveals consumption of 792 Units in single month of August, 2015. It is
most important here that the history of Electricity Bills shows that maximum
units consumed by the Plaintiff up to 299 Units. Hereinafter the said Electricity
Bill will be referred to as “bill under dispute”.
(Copy of Electricity
Bill issued to Plaintiff for the month of August, 2015 to be paid in September,
2015 is annexed and marked as Annexure “C”)
7.
That it is pertinent
to mention here that in the Electricity Bill under dispute the reading allegedly
noted on 25 August, 2015 is
shown 21834 Units but it is surprising that actual present reading in the meter of the premises of the Plaintiff is 18328 on 03.10.2015 (as noted by the Plaintiff). The Electricity Bill under dispute is issued with excessive reading of 3506, which has been illegally issued by the defendants No:6 to 9 with malafide intensions.
shown 21834 Units but it is surprising that actual present reading in the meter of the premises of the Plaintiff is 18328 on 03.10.2015 (as noted by the Plaintiff). The Electricity Bill under dispute is issued with excessive reading of 3506, which has been illegally issued by the defendants No:6 to 9 with malafide intensions.
8.
That the
Plaintiff after receiving the bill under dispute time and again visited offices
of the Defendants No:4 to 6 for correction of Electricity Bill, but they did not pay any head to the
Plaintiff even they did not receive the application from the Plaintiff and refused
to issue correct bill.
9.
That the
plaintiff is being tortured by Defendants No. 6 to 9 by sending illegal and
false bills to the plaintiff for which the plaintiff is not liable to pay the
same. It is very painful that even Defendants No:4 and 5 who are officers also
did not take interest in resolving the matter of the Plaintiff. Rather the Defendants No:6 to 9 have issued
threats of disconnection of Electric Connection of premises of the Plaintiff.
10.
That the above
act of Defendants of sending Electricity Bills in respect of electricity
connection of the plaintiff’s premises is based on excessive and over reading, malafide,
illegal, void ab-initio, against the principle of natural justice, having no
legal effect, the Plaintiff is not liable to pay the amount of the Bill under
dispute to the Defendants, being illegal amount.
11.
That it is
pertinent to mention here that actual present reading of the Electric Meter of
the Plaintiff’s premises is 18328 as noted by the Plaintiff on 03.10.2015 hence
the Plaintiff is not liable to pay any amount because the Electricity Bill for
the premises of the Plaintiff should come as a credit Bill (not to be paid). It
is evident from the previous Electricity Bills that the Plaintiff has already
been charged for 21042 Units but the present reading at the Meter is 18328
Units
12.
That due to the
above act of the Defendants No. 4 to 9, the plaintiff has sustained mental
torture and physical hardships for which the plaintiff reserves his right to
sue the Defendants in competent court of law.
13.
That cause of
action has accrued to the plaintiff to file the present suit in the month of May,
2013 when the Defendants made ordinary connection of the Plaintiff as A/C
connection and illegally started issuing his bill in Green Ink and they did not
take any action on application dated 09.05.2013 moved by the Plaintiff and kept
him on false hopes, secondly when the Plaintiff many times approached the
Defendants No:4 to 6 but not to avail, thirdly when the Plaintiff received bill
under dispute and the Defendant did not redress grievances of the Plaintiff,
which is still continued.
14.
That the
Plaintiff resides and the cause of action has accrued to the plaintiff to file
the present suit within the territorial jurisdiction of this Honourable Court,
hence this Honourable Court is competent to entertain and adjudicate upon the
present suit.
15.
That for the
purpose of court fee the suit is valued as under:-
a) For Declaration at Rs. 400/-
b)For Settlement of Account
at Rs.15780/-
d)For Injunction at Rs. 200/-
Total Rs.16,380/-
Hence,
no court fee is required to be paid.
16.
That for the
purpose of jurisdiction the value of the suit is same.
17.
That the
plaintiff prays for Judgment and Decree as under:
a)
That this
Honourable Court may be pleased to pass a Decree in favour of the plaintiff and
against the defendants, declaring that the
act of the Defendants in sending Electricity Bill for the Month of
August, 2015 to be paid on or before 14th September 2015 to the
Plaintiff and issuing the Plaintiff wrong and excessive Bill and unjustified
charging from the Plaintiff is malafide, illegal void void ab-initio, against
the principle of natural justice, having no legal effect the Plaintiff is not liable to pay amount of the
said Bill.
b)
That this
Honourable Court may be pleased to direct the Defendants to settle the account
with the Plaintiff and issue corrected/credit Electricity Bill as per law as the
Plaintiff has already been charged for excessive Units.
c)
That this
Honourable Court may further be pleased to direct the Defendants to convert the
load of A/C connection of the Plaintiff’s premises into non A/C Load Connection
so also the Defendants be directed not to issue such A/C load connection Bill to
the Plaintiff in future as there is no A/C is installed in the premises of the
Plaintiff.
d)
That this
Honourable Court may further be pleased to issue permanent injunction in favour
of the Plaintiff and against the Defendants and/or any other
officer/official(s) restraining from forcibly recovering amount of illegal Electricity
Bill issued to the Plaintiff and illegally without due course of law by
themselves or through their servants.
e)
Costs of suit be awarded to plaintiff
f)
Any other
relief(s) which this Honourable Court may deem fit and proper under the
circumstances of the case may also be granted to the plaintiff.
Dadu
Dated. 6th
September, 2015
PLAINTIFF
ADVOCATE
for the plaintiff.
VERIFICATION.
I, Muhammad Sarwar Rana son
of Nazir Ali, Rajput, R/o Phulji Station, near MCB Ltd: Phulji,
Taluka and District Dadu, present at Dadu do hereby declare and
verify that whatever stated above in the plaint is true and correct to
the best of my knowledge and belief.
Verified this the 6th October, 2015, at Dadu.
Deponent.
The deponent is known to me.
Advocate Dadu.
On
Oath before me. The Deponent is known to me through
Mr. Abdul Sattar Memon Advocate, who is known to me personally.
Mr. Abdul Sattar Memon Advocate, who is known to me personally.
The
Contents of the Plaint were first truly and audibly read over to the Plaintiff
in Sindhi Language, which he understands well and he after admitting the same
to be correct puts his signature in my presence.
COMMISSIONER
FOR TAKING AFFIDAVITS
DOCUMENTS FILED
As per Annexure.
DOCUMENTS
RELIED UPON
All the concerned &
relevant documents
ADDRESS
OF THE PLAINTIFF
As
mentioned in the Title of the Plaint
ADDRESS
OF THE COUNSEL
As
mentioned in Vakalatnama
Advocate
for
the Plaintiff
IN THE COURT OF SENIOR CIVIL JUDGE DADU
F.C. SUIT
NO. OF 2015
Muhammad Sarwar ….……………………………………………………Plaintiff
VERSUS
Chairman
NEPRA and others ………..…………………………..Defendants
APPLICATION
UNDER ORDER 39 RULE 1-2 CPC
Read with Section 151 CPC
Read with Section 151 CPC
It is prayed on behalf of the
plaintiff above named that this Honourable Court may be pleased to grant
ad-interim injunction in favour of the plaintiff and against the defendants No 6
to 9 , restraining them from forcibly recover the amount of Rs.15780/-, which
is disputed amount from plaintiff illegally and otherwise than in due course of
Law by themselves or through their servant(s) till disposal
of the suit
on the on consideration of the grounds set-forth in the accompanying affidavit.
The prayer is made in the
interest of justice.
Dadu.
Dated
06.10.2015 Advocate
For plaintiff.
IN THE COURT OF SENIOR CIVIL JUDGE DADU
F.C. SUIT
NO. OF 2015
Muhammad Sarwar ….……………………………………………………Plaintiff
VERSUS
Chairman
NEPRA and others ………..…………………………..Defendants
AFFIDAVIT
I,
Muhammad
Sarwar Rana son of Nazir Ali, Rajput, R/o Phulji Station, near MCB Ltd: Phulji,
Taluka and District Dadu, present at Dadu, do hereby state on Oath as under :-
1. That
I am plaintiff in the above suit and am well conversant with the facts of the
case, hence the accompanying application and the present affidavit under my
instructions.
`
2. That
averments of the plaint and documents attached thereto filed by me may be
treated as part and parcel of this affidavit.
3.
That I have got good prima facie case in my favour and the balance of
convenience also does lie on my side and I will suffer irreparable loss in case
the ad-interim injunction is not granted in my for as prayed.
4.
That whatever stated above is true and correct to the best of my
knowledge and belief.
Deponent.
The deponent is known to me.
Advocate Dadu.
On Oath before me. The Deponent is
known to me through
Mr. Abdul Sattar Memon Advocate, who is known to me personally.
Mr. Abdul Sattar Memon Advocate, who is known to me personally.
The
Contents of the Plaint were first truly and audibly read over to the Plaintiff
in Sindhi Language, which he understands well and he after admitting the same
to be correct puts his signature in my presence.
This page can teach me and other visitors a lot. I recommend using Check any bill to find all of your bills.
ReplyDeleteAs a new homeowner, understanding my LESCO bill was initially confusing, but now it's a crucial part of managing my household budget effectively.
ReplyDeletePesco's online billing system allows customers to conveniently access and manage their electricity bills online. With a user-friendly interface, it offers features like bill payments, viewing past bills, and tracking consumption, all from the comfort of their home. This system enhances customer experience by providing quick, hassle-free services and eliminating the need for physical visits to bill payment centers.
ReplyDeletevisit site