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President Alvi directs IESCO to refund Rs 139,000 to complainant

President Dr Arif Alvi on Wednesday directed the Islamabad Electric Supply Company (IESCO) to refund Rs 139,860 to a complainant who had been wrongly issued an additional demand notice for the installation of an electricity connection along with a transformer due to cost escalation.

These directions were issued by President while deciding upon a representation filed by IESCO assailing the order of the Wafaqi Mohtasib directing IESCO to refund the amount to complainant Haji Akhtar Raheem and adopt proper procedure/rules/regulation, which were violated by IESCO, resulting in maladministration.  By not installing the connection within 30 days, the IESCO had violated its own procedure and later sent an additional demand notice to the complainant, who had already paid the original requisite amount, on account of the escalation of the cost of the material.

The complainant had applied with IESCO for an electricity connection along with a 25 KVA transformer.  Subsequently, a demand notice of Rs 305, 656, including the cost of allied material was issued to him. He deposited the amount, however, IESCO instead of installing his connection timely, issued an additional demand notice of Rs 139,860 on account of the escalation of the cost of the material.

The complainant approached IESCO for withdrawal of the demand notice but to no avail. Feeling aggrieved, he approached the Wafaqi Mohtasib for the redressal of his grievance, who passed the order in his favour. IESCO, then, filed a representation against the order of the Mohtasib with the President. Dr Arif Alvi after personally hearing the case and going through the record of the case, directed IESCO to refund the amount to the complainant.

He referred to IESCO’s Consumer Service Manual which provided that once the demand notice had been issued by IESCO and paid by the applicant in full, no further charges/demand notice could be raised on account of the escalation of the cost of the material. The president further noted that as per the manual, IESCO was bound to install the connection within 30 days but it delayed the installation by seven months.

Dr Alvi concluded that Wafaqi Mohtasib’s decision was based on sound reasoning and was sustainable in the eyes of the law. He, therefore, rejected IESCO’s representation and upheld the Mohtasib’s decision.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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