AJMAL vs S.D — 2025 CLD 181 PESHAWAR-HIGH-COURT

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AJMAL VS S.D.O, PESCO SUB-DIVISION, NOWSHERA CANTT-01 Ss.13(2), 11B & 17(2)---Consumer---Filing of complaint regarding exaggerated amount in electricity bill---Limitation---Application for rejection of complaint being time barred filed by the respondent (Electricity Supply Company) was accepted by the Consumer Court---Validity---Khyber Pakhtunkhwa Consumers Protection Act, 1997 (Act) was promulgated to provide for healthy growth of fair commercial practices, the promotion and protection of legitimate interest of consumers and speedy redressal of their complaints and matters arising out of or connected therewith, which purpose and object clearly envisages that the enactment is consumer beneficial and as such, it requires to be treated in the same manner in order to provide and extend the consumers a fair chance qua protection of their legitimate rights---Section 13(2) of the Act provides that a complaint shall be submitted before the Consumer Court within 10 days of the sale, delivery or rendering of the service---Appellant had filed the complaint against the respondent-PESCO before the Consumer Court on 03.08.2022, while the disputed electricity bill was payable till 05.08.2022, thus, in the attending circumstances of the case, the question of limitation would at best be seen at the time of final determination of the matter by the Consumer Court; particularly, in the circumstances, when the first proviso to S.13(2) has conferred discretion upon the court to entertain a complaint filed beyond ten days within such time as it may allow if it is satisfied that there is sufficient cause for not filing the same within the specified time subject to the provision of second proviso---Consumer Court was held to have committed gross illegality and jurisdictional error in rejecting the complaint of the appellant---Appeal was accepted, in circumstances.

AJMAL vs S.D — 2025 CLD 181 PESHAWAR-HIGH-COURT

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