KARACHI: People of Pakistan, Karachiites in particular, are being deprived of their constitutional right to get free and speedy justice by clipping the powers of the Federal Ombudsman to act against maltreatment, due to which consumers of utility companies suffer financially and mentally, Daily Times has learnt.
In this respect, correspondence between the Federal Ombudsman’s Secretariat and the Presidency has revealed shocking facts – not only the Federal Ombudsman’s recommendations were rejected on flimsy grounds by the President Secretariat Legal Affairs Director General, derogatory remarks such as “slipshod” were used against the FO’s recommendations in three cases, all against Karachi’s power utility, K-Electric.
In a letter dispatched by the President’s Secretariat to the ombudsman on the representation filed by K-Electric has challenged the representation on jurisdiction grounds. “The agency has further elaborated that the impugned findings/recommendations of learned Wafaqi Mohtasib are based on the very foundation of surmises and conjunctures having no unimpeachable evidence to prove the particular case in the light of oral assertion, it was fit case for decision of the forum of competent jurisdiction. It was a case, which was based on factual controversies which can only be resolved by the competent court/forum and not of the Wafaqi Mohtasib being just a quasi-judicial medium. Thus it was not a fit case for decision in slipshod manner as has been decided by Wafaqi Mohtasib. There was no compromise between the agencies and complainant. Thus findings/recommendations of Wafaqi Mohtasib are resulted into irreparable loss to the utility agency as a result of the decision made in hasty and slipshod manner. The implementation of the findings would cause not only irretrievable financial loss but would also set wrong precedents in other case of the similar nature causing dishonesty in the milieu. Hence it has been prayed that he above mentioned findings/recommendations of learned Wafaqi Mohtasib may be declared null and void under the law of the land, natural justice and particular facts of the case by accepting the instant representations,” according to the letter.
Responding to the reaction of President’s Secretariat letter, the FO reminded that the Wafaqi Mohtasib provides relief to thousands of consumers each year and thereby acts as a safety-valve for public anxiety. “The K-Electric has itself acknowledged the positive role of Waqfaqi Mohtasib. K-Electric had filed a suit in the Sindh High Court challenging the jurisdiction of the Wafaqi Mohtasib, which it subsequently withdrew upon logical counseling,” the FO letter added.
Three representations were filed by power consumers namely Furqan Wali, Mst Sultana Mehmood and Zaki Ahmed Khan. Furqan had complained of mal-administration and alleged unjust IRB of Rs 87,642 issued to him by the agency. The utility agency in its report stated that inspection of consumer’s premises was carried out by field staff and found “hook in use”. The case was discussed at length and FO had recommended to withdraw the IRB of Rs 87,642 because the agency failed to adopt course laid down by the law but raised the detection bill in violation of the Consumer Service Manual. Besides, no formalities were fulfilled, including registration of FIR with police against the consumer, according to the letter sent to the FO by the President’s Secretariat. In this case, the utility agency was advised to consider the matte and adopt proper procedure, which were violated by it, resulting in mal-administration that caused the complaint and action against the delinquent officer involved was recommended.
In case of Sultana Mehmood who had complained that an official of the agency namely Muhammad Akbar from Tipu Sultan IBC visited the premises, misbehaved with the occupants and demanded illegal gratification of Rs 50,000, which was refused. Consequently under the false allegation of theft of electricity, a token bill for Rs 100,000 was issued and the complainant was forced to pay the same under threat of disconnection with presage to issue another bill of Rs 600,000.
“Examination of the case revealed that the utility agency has displayed a patently illegal behavior with the complainant and the agency has acted as a judge in its own cause. They raided the premises without lodging FIR and giving the evidence of the alleged theft of electricity to the police,” according to the letter.
In another case, Zaki Ahmed Khan had complained of mal-administration and alleged unjust billing by the agency, K-Electric. In this case the agency in its report stated that no IRB was charged to the complainant, however, due to installation of the subject meter on pole, proper readings were not taken by the meter reader, due to which the units were accumulated.
After detection of discrepancy a middle bill for Rs 200,599 was issued to recover the undercharged units.
In this case the Wafaqi Mohtasib’s finding were, “Examination of the case revealed that although the utility agency has denied to have issued any IRB, but from the billing statement, its is evident that the amount of Rs 200.599 has been charged under the column of irregular bills. Thus the statement of the agency that no IRB was charged is found incorrect.”
In all the cases under review, the KE failed to come up with any moral or legally justifiable answer to defend against complainants who suffered due to the mismanagement of the agency.
On the jurisdiction of Wafaqi Mohtasib, the FO reminded that ” in the order… the mentioned judgement of the single bench of the Lahore High Court in the case SNGPL vs Wafaqi Mohtaisb, the order unfortunately under references fails to take into account [that the] above-quoted judgement was reviewed by the division bench of the LHC. The LHC has re-affirmed the jurisdiction of the office of the Wafaqi Mohtasib over the electric and gas utility companies in respect of mal-administration”.
Due to the action of the President’s Secretariat, the Wafaqi Mohtaisb suspended the approval of several hundred findings relating to electricity and gas till the order was reconsidered and reviewed.
It is pertinent to mention here that of all the complaints received by the Wafaqi Mohtasib, 95 percent were against utility companies, mainly arising due to the their mistreatment and misbehaviour. Instead of rectifying their attitude and behaviour, they have sought to suffocate the public voice, paving the way for street agitation.
