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The K-Electric has been resorting to litigation to get stay orders against the National Electric Power Regulatory Authority's (Nepra) pro-consumers decisions since 2010, K-Electric consumers complained.
Sources said that Nepra had been taking decisions over the complaints made by different consumers regarding electricity issues against K-Electric time to time, but the power utility instead of implementing the decisions of Nepra in letter and spirit, either defied them or approached higher courts 'unnecessarily' to get stay orders against the regulator's decisions.
They said that this practice of the power utility was creating sense of deprivation among the consumers. Elaborating the issue they said that a corrigendum had been issued by Nepra in 2010 regarding Rs 5 billion subsidies received by the KESC (now K-Electric) from federal government but not passed it on to the consumers. The matter was detected by the audit department of the regulatory authority. However, the power utility moved to court against the corrigendum by filing a suit No-556/14 in Sindh High Court (SHC) and obtain an stay order on the plea that no show cause notice was issued by the Nepra before issuing the corrigendum.
They said in the same way, the power utility also moved to the court over t issuing wrong and manipulated bills to the consumers. Certain associations of Karachi had approached Nepra over the issue, referring to the e-mail issued by Shoaib Siddiqui, Deputy General Manager (DGM) of K-Electric, wherein he had instructed his subordinates to issue excessive bills to consumers. "Shoaib Siddiqui admitted this before Nepra's hearing on November 18, 2013," they added.
Nepra, after enquires, concluded that K-Electric's top management was involved in instructing the subordinate officers to issue inflated bills to the consumers in order to increase the revenue and balance the theft of electricity. Finally the regulatory body issued a show cause notice to K-Electric's management for the imposition of a penalty of Rs 100 million for doing this illegal act and also hiding the facts from Nepra.
The regulatory body had served a show cause notice on K-Electric through a letter No-NEPRA/R/TCD.09/2387 dated 12-3-2014 which states: "You are hereby served a show cause notice under Rule 4(8) and (9) of Nepra (fines) rules, 2002 to show cause as to why not a fine up to Rupees One Hundred Million (Rs 100, 000,000/-) be imposed upon you."
Meanwhile, K-Electric management filed a civil suit No-486/14 in SHC against Nepra and again obtained stay order. The regulatory body in the meantime finalised the inquiry and then ordered the power utility to take actions against its 15 senior officers for their involvement in issuing inflated bills to the consumers.
But the K-Electric again approached SHC and filed a constitutional petition N0-2883/14 against the regulatory body, alleging that Nepra is harassing them and not allowing them to avail the legal right of doing fair business. Sources said that the cases and petitions would come up for hearing before an SHC bench on July 15. Similarly, the power utility in defiance of Nepra's orders is still charging extra Rs 8 for its consumers on account of bank charges. The Nepra through a letter No-Nepra/R//TCD.09/1213-14 written to Chief Executive Officer (CEO) KESC stated: "KESC is hereby directed to stop collecting additional Bill Collection Charges at the rate of Rs 8 form its consumers till decision on the case by the authority."
The K-Electric's consumers are of the view that stay orders issued by the SHC against the Nepra's pro-consumers decision are actually affecting the 2.2 million consumers. Sources in K-Electric consumer forum said that they would approach SHC pleading it to vacate the stay orders and let the consumers' representatives to become a party in the court proceedings in these matters.

Copyright Business Recorder, 2014

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