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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Once a fine or penalty has been imposed by a utility company

Resolved Question:

Hi
Once a fine or penalty has been imposed by a utility company and the defendant then appeals to the headoffice for relief. Can the head office of the utility company than increase the fine. Is it not illegal to increase a fine in a appeal.
Surely the norm in an appeal is:
1) Give Relief. If you win your appeal, your fine will no longer stand, and you may be able to get compensation.
2) If you lose your appeal, your original fine will stay the same.

on a second not can a meter be removed and gas supply stopped without a notice.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

Hello,

Thank you for contacting JustAnswer.co.uk.

It was brought to our attention that you asked a legal question about Pakistan, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.

Please let me know how you’d like to proceed,
Nicola
Customer: replied 3 years ago.
Hi

I would like someone who can give me some legal citations even from perhaps English Law as the law in Pakistan still uses a lot of British law as it was a colony at one time.

Thanks
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Do you still need help with this?

Customer: replied 3 years ago.
Hi Alex

Thank you for responding, I do still need help with this case.
Expert:  Ash replied 3 years ago.
Is this in Pakistan or the uk please?

Customer: replied 3 years ago.
This is in Pakistan
Expert:  Ash replied 3 years ago.
Ok. I can advise you on uk law which I can do, or transfer this to a different category?

Customer: replied 3 years ago.
Ok, perhaps the UK Law will be ok as Pakistan is an ex colony and does use a lot of UK Law.
Expert:  Ash replied 3 years ago.
On what baiss have they levied a fine? Does it say in their terms and conditions they can do this?

Customer: replied 3 years ago.
They can impose a fine if they can prove that meter tampering has occurred. Often you will find that they just come and remove meter and throw a fine at you. They first took the meter in 2010 without any warning or notice. They then said that thier own lab report states that the meter is tampered hence a Rs 11800000 fine by the reginal office. 25% of which Rs(NNN) NNN-NNNNwas paid and the meter was re instated, we then appealed to the Head office that the fine is too high and we are innocent as there has been no independant arbitrar. The Head office then increased the fine to Rs 27600000. We then took them to court and used delay tactic but no Judge in Pakistan entertains such cases and again they have taken the meter 3 weeks ago and are demanding the full Rs 27600000. We have lodged a case against them and need some strong points to give to the Judge inorder for him to order the gas supplier SNGPL to restore the gas meter and gas supply to our Bussiness. We are facing bankruptcy if the supply is not continued. We are thinking of some way they can just go back to the original fine before appeal and minus what we have paid and to make easy monthly instalments of the rest.
Expert:  Ash replied 3 years ago.
Do they have evidence or is it just an assumption?

Customer: replied 3 years ago.
They allege to have evidence but there is no way of individually verifying this. The SNGPL have acted as Judge jury and executioner by themselves. The meter to the business CNG filing station is caged and the key to the lock is with the SNGPL staff only. Hence being accused of meter tampering and a fine equivalent to a years consumption of gas is imposed.
Thier staff actually get Hugh bonuses for finding such cases and they often stage and set them up themselves.
Expert:  Ash replied 3 years ago.
Ok. They can't just fine. In the UK a penalty is illegal, they have to prove it.

Therefore you can dispute this and refuse to pay. If you refuse and it goes before a judge they would have to satisfy a judge that they are entitled to levy the penalty and that it was justified. They would need to show that you broke the terms and that they are entitled to levy this.

If they can not any charge would be dismissed.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.
I totally agree with you. But at the moment the SNGPL have the meter and some form of bank Gaurantee is required to proceed with case. The judges normally require an x amount to be deposited in a escrow for the case to continue. The SNGPL are adamant that we need to pay the fine.
My main concern is on how we can get the meter reinstated. What can we throw at the judge?
Are there any quotations or legal clauses that can be used, I need something heavy?
Expert:  Ash replied 3 years ago.
As I said its uk law that I can quote. Here it's section 13 of the sale and supply of goods and services act 1982

Alex