If you are a consumer in Pakistan facing a surprisingly high or incorrect utility bill, you might instinctively consider filing a case in civil court. However, a crucial electricity bill dispute must be directed to a specific legal authority, not the regular courts. A definitive ruling from the Lahore High Court provides essential clarity on this matter, explaining the correct legal path for consumers and companies alike. This guide will help you understand why jurisdiction matters in these conflicts.
The Legal Battle Over a High Bill
The case that set this precedent involved a major power billing conflict between a spinning mill and the Faisalabad Electric Supply Company (FESCO). The consumer, Hassan Spinning Mills, received a bill they believed was erroneous. They filed a lawsuit in a civil court, seeking an injunction to stop FESCO from disconnecting their power supply over this disputed electricity charge.
The civil court initially refused to intervene. On appeal, an Additional District Judge ordered that the electricity connection could not be disconnected if the company deposited 50% of the bill amount. FESCO challenged this order, leading to the High Court’s landmark decision that reaffirmed the proper legal channel for such utility bill disagreements.
Why Civil Courts Lack Jurisdiction
Justice Jawad Hassan’s judgment rested on two powerful legal points that clearly remove civil courts from the equation in these specific cases.
1. The Specific Procedure of the Electricity Act
First, the court cited Section 54-C of the Electricity Act, 1910. This law is very clear: a court cannot prohibit a disconnection unless the consumer deposits the entire amount of the disputed bill with the court when filing the case. The appellate judge’s order for a 50% deposit violated this strict legal requirement. The law mandates a specific procedure, and any deviation from it is invalid.
2. The Electric Inspector is the Sole Expert Authority
This is the most critical part of the ruling. The judgment focused on Sections 26 and 26-A of the Electricity Act, 1910. These sections create a special mechanism for resolving technical conflicts. The law states that any consumer licensee dispute regarding a meter being faulty, tampered with, or incorrect must be decided by a specialized official: the Electric Inspector.
This inspector has the technical expertise to investigate the meter, determine if it was faulty, and estimate the correct amount of energy consumed. The Lahore High Court, following a Supreme Court precedent, firmly stated that civil courts lack the jurisdiction and technical knowledge to make such determinations. This means that for any argument over an incorrect meter reading, the Electric Inspector is the only correct first step.
Key Takeaways for Consumers
This judgment has significant implications for how consumers and businesses should handle a utility bill disagreement.
- Do Not Go to Civil Court First: If your dispute is about the meter’s accuracy or a high bill based on a reading, filing a case in a civil court is a waste of time and resources. The court will likely dismiss it.
- Always Contact the Electric Inspector: Your primary legal recourse is to formally apply to the Electric Inspector in your region. They are the legally designated expert to resolve such technical matters.
- Understand Your Rights: Knowing the correct legal forum empowers you to take effective action quickly. For more on consumer rights, you can read about [how to resolve utility conflicts in Pakistan].
The Lahore High Court’s decision reinforces a fundamental legal principle: when a law designates a specific forum for a dispute, that pathway must be followed. For any electricity bill dispute in Pakistan, that pathway leads directly to the office of the Electric Inspector.
For professional legal assistance with electricity disputes and other related matters, contact:
Muhammad Amin, Advocate
📞 Phone: 0313-9708019 | 0335-1990495
📧 Email: muhammadaminadvo111@gmail.com