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SUI NORTHERN GAS PIPELINES LIMITED vs FAZAL HUSSAIN (deceased) O — 2025 CLC 1001 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 1001 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
SUI NORTHERN GAS PIPELINES LIMITED vs FAZAL HUSSAIN (deceased) O
Subject matter
Service
Provisions referred to
S. 24A---S; General Clauses Act (X of 1897)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SUI NORTHERN GAS PIPELINES LIMITED VS FAZAL HUSSAIN (deceased) O.XLI, R.31---General Clauses Act (X of 1897), S. 24A---Suit for recovery---Gas utility dues---Gas Sales Agreement---Binding terms---Error in departmental calculation of bill---Suit for recovery by SNGPL on account of outstanding gas charges detected due to under-billing---Legal heirs of original consumer claimed all dues had been discharged asserting that they were not liable for any miscalculation by meter-reader---Gas supply was disconnected---Issues were framed and evidence was recorded---Suit filed by SNGPL was dismissed, and so was the appeal---Question necessitating analysis included as to whether the department could under the contract recover the amount claimed?; what were the agreed terms and conditions of the contract?; whether the respondent/ consumer could avoid the responsibility to pay the amount?; whether the evidence produced by petitioner factually established short-billing?; and whether any mistake in recording the billing charges incorrectly could exonerate the consumer to avoid liability on detection of under-billing?---Both courts below concluded that it was the fault of meter-reader and demand from consumer was illegal---Held: The court below did not take the trouble of looking into the evidence and thereafter recording findings by giving reasons for the conclusions drawn---It was ignored that mere mistake of the departmental representative in process of calculation of bill could not be a ground to exonerate the consumer from paying the actual dues for consumption of gas and that the liability was to be regulated by terms agreed in the contract---Revision petition was accepted and the matter was remanded to the Appellate Court for decision afresh.

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