ISLAMABAD - Mighty Nepra and power distribution companies are likely to file an intra-court appeal (ICA) after Eidul Azha against the consumer-friendly decision of Islamabad High Court (IHC) for refunding the Fuel Price Adjustments (FPA) to the consumers.Sources in power sector informed TheNation on Thursday that after the Eid an intra-court appeal is likely to be filed by the ‘unbridled’ electricity distribution companies (DISCOs) and National Electric Power Regulatory Authority (Nepra) being major stakeholders in a bid to secure the hefty profits so far earned by power companies under the head of fuel price adjustments (FPA). Though refunding to the consumers requires a huge excise to ascertain the total amount collected from the consumers since its imposition since 2009 especially yet it will a put huge financial impact on the fragile economy of the common man. More than Rs 350b collected from the consumers since 2009, the sources added.Nepra spokesman, when contacted, said that prior to the detailed judgement it is difficult to say any thing about the decision. “Let’s wait for the detailed judgment of the court,” he said, adding,” DISCOs may file a review petition after Eid holidays”. He was of the view that to ascertain authentic total amount/figure collected from the consumers under the head fuel price adjustment (FPA) needs a huge exercise. So it is too early to give any figure about the collected FPA from the consumers. Similarly, it is hard to tell the details about the collection charged from the consumers since its imposition from 2009. Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) while hearing the petitions - 700 in total filed against fuel price adjustments (FPA) made by Nepra swamped the petitions on Wednesday directed the distribution companies to refund the consumers. The IHC in its short order declared the collection of FPA as illegal, observing: “the scope of FPA cannot be expanded and has to remain within the variation in the price of fuel.” The court observed that the consumers cannot be left to the mercy of the executive bodies and it is the duty of the courts to keep a check on them. The court order said: “The distributors of electricity are directed to issue amended bills and in case consumers had already paid bills with excessive amount, it shall be adjusted accordingly which has to reflect on the bills of the coming month.”Barrister Abu Bakar Sehri, one of the petitioners, told TheNation that after the court orders, nine electricity distribution companies have to refund Rs77 billion to the consumers, which they had received as FPA since July 2011 to January 2012.Barrister Sehri in his petition contended that FPA was unconstitutional and against articles 4 and 25 of the Constitution. Besides it was a violation of Section 31 of the Regulation, Generation, Transmission and Distribution Act 1997 and the Nepra Tariff Standards and Procedure Rules, 1997.In its written reply submitted to the IHC, Nepra claimed that the monthly adjustment was being made in exercise of its statutory duties; hence it cannot be challenged Nepra said.






