Adil On Consumer Laws

When sale
cheating.1
is
held,
saytheres
no
(Holy Prophet )
(Agreed.) 10: 970, 2, Ch. XVIII, Unlawful Things in Trade of Mishkat-ul-Masabih.
pg. i
Adil
on
Consumer Laws
by
ZEESHAN HUSSAIN ADIL
Advocate High Court Lahore
Published by
Adil Publisher
Mobile: 0321-4730558
All legal and moral rights reserved
by
Zeeshan Hussain Adil.
Disclaimer
Note: due care and diligence has been taken
while editing and printing the book, neither
the author nor the publishers of the book hold
any responsibility for any mistake that may
have inadvertently crept in.
Printed and bound in Pakistan.
Price in Pakistan Rs. 499.

pg. ii
Price abroad $ 9.
pg. iii
ADIL ON CONSUMER LAWS
Preface
The Consumer Protection laws are the result of worldwide consumer
protection movement. The Consumer Protection Act is the benevolent piece
of legislation which attracts special attention of the people interested in the
welfare of the society and protection of the rights and interest of the
consumer. There are various factors which motivated me to write/compile
this book on consumer laws. The first factor is the curiosity this book is
the result of my research which I made for the answers to my questions. As I
tried to understand one section of the PCPA, 2005 so I had to read other
sections, different parts of the Act, the whole statute, the statute in pari
materia, the legislative history of the consumer laws and the origin of the
consumer laws. The second factor is the arguments of the learned lawyers
and the reasoning of the honble judges on the Consumer Laws, which I read
in the judgments and observed in the court rooms.
The third factor is the empathy with the readers of Consumer Laws
during my practice in the Consumer Court I have faced great difficulty due to
non-availability of the precise and comprehensive book on the Consumer
Laws. This book will help to understand the Consumer Laws in an easier
way. I have tried to make this book simple and brief by dividing the
commentary into section-paragraph, representing by symbol , and instead
of repeating the same thing again and again in different paragraphs I have
referred the relevant paragraph numbers.
As far as possible, I have written the names of the honble judges and
learned lawyers in the bibliographic sections especially mentioned in the
Pakistani judgments. In my humble opinion the original commentators of the
law are the lawyers and judges in the judgments. They are the original
authors who interpret the laws and dispense justice. The directory of the
District Courts and Councils has been given at the end of the book which can
be helpful for the readers. Index has also been given at the end which is the
key to open desired stuff in very short time.
I have discussed the different sections of law in generic senses but
defacto jus oritur; from fact springs law; law arises from fact. The purpose
of this generic discussion is to give some idea about this Act which may help
to understand the real spirit of the Consumer Laws.
The Consumer Protection Act aims at the promotion and protection of
the rights and interest of the consumers. The violation of the Consumer
Protection Act is at the top as compare to other laws of the country. The
reason is that every person of every age is the consumer of something but
pg. iv
not every person knows about the Consumer Protection Act. In my humble
opinion the purpose of the Consumer Protection Act should be included in
the syllabus of the schools and colleges. It is pertinent to mention here that in
Punjab the Consumer Protection Act, 2005 is not included in the syllabus of
LL.B. However, in India the Consumer Protection Act 1986 is included in the
syllabus of LL.B and it is being taught with the subject of the Law of Tort. In
Pakistan the Consumer Protection Act should also be included in the
syllabus of the LL.B
In this book the Punjab Consumer Protection Act, 2005 has been
given the leading position and other Consumer Acts of the country are
included as appendices only for the comparative studies and to understand
the legislative history of the consumer law. I could not present any judgment
on the Consumer Acts enforced in other provinces of the country due to
non-availability of the judgments. The Indian Consumer Protection Act, 1986
attract special attention due to similarity of sections with Punjab Consumer
Protection Act, 2005 and due to availability of the law of precedents. I have
included The Pakistan Standard and Quality Control Authority Act, 1996
which can be very helpful for the readers.
According to Chief Justice Cornelius "there is no subject in the world
which receives continuously,...such intensive and fully documented study as
the subject of law."2 It is very difficult to do such intensive legal study without
help of modern technology. The precedents and relevant legal stuff on the
Consumer Laws are available on different websites. I have tried to make this
book a portable book especially for practicing lawyers, however, keeping in
mind the requirements of the legal research and law of precedents, I have
given web sources in the webliography, so that the reader can easily find out
the relevant precedent for supporting their arguments in the Court.
I have written/ compiled this book in about one year; the reason for
such long period was the non-availability of the judicial precedents through
conventional ways. Besides it is very hard for a practicing lawyer to write/
compile a book. I am highly grateful to my family and friends for their moral
support specially Mr. Sharjeel Ijaz (Advocate High Court). I thank to Mr.
Adeel Ijaz. (ITP) Mr. Farhat Abbas and Mr. Miran Khan for proof reading this
book.
I think this book would be a valuable gift for those who are interested
in the public interest litigation. I am very glad to serve this noble profession of
law and to general public by presenting this book. I am highly grateful to
Chief Justice of Pakistan (1968-1960).

ROLE OF LAW IN PRESENT CHALLENGING TIMES. PLD 1964 JOURNAL 9.
pg. v

Almighty Allah for blessing me everything including for the idea and strength
to write/compile this book. The readers are welcome to send their feedback
for the improvement of this book.
(ZEESHAN HUSSAIN ADIL)

Advocate High Court, Lahore.
0321-4730558
03.10.2013
pg. vi
Dedication
To
Mr. Sameer Ijaz my teacher, senior, mentor whose true, honest and
generous personality is my first inspiration for this noble profession of law.
Advocate High Court Lahore; Author of Sameers Colony Manual, Lamberdari Grant,
Sameers Revenue Laws. President and founder of the Abida Khatoon Mamorial Trust,
Lahore which is providing free of cost quality education to the children of backward area
under the institution of Suffa Science School.
vii pg. vii
Contents
Punjab Consumer Protection Act, 2005

Preface iv
Dedication................................................................................................vii
Contents..................................................................................................viii
Tables ix
Introduction..............................................................................................xiii
Part I.................................................................................11
PRELIMINARY.................................................................11
APPENDICES
1.
Directory..............................................................................127
Bibliography........................................................................129
Webliography .....................................................................134
List of abbrivations.............................................................135
Index.....................................................................................138
pg. viii
Tables
AL-QUR'AN
17:35.........................................xxii
2:168.............................................1
2:172.............................................1
2:279.........................................103
26:181.......................................xxii
3: 57..........................................103
5:88...............................................1
6:751.........................................xxii
62:10.........................................xxii
78:11..........................................xxi
CONSTITUTIONAL
ARTICLES
Article 227..................................xxi
Article 2-A...................................xxi
Article 37(d)..............................101
STATUTES
HADITH
cheating...........................i, xxiv, 64
claims.........................................90
defective thing....................xxiii, 64
measurement............................xxii
medicine.....................................81
merchant...................................xxii
monopoly..................................xxiii
mutual consent...........................84
oath...........................................112
option in trade.............................85
responsible.................................81
trade..........................................xxii
wages.......................................xxiii
pg. ix
Balochistan Consumer Protection

Act, 2003 Sec. 14 (2)..............91
Criminal Procedure Code, 1898
Section 195...........................114
Income Tax Ordinance, 2001 Sec.
182..........................................84
Indian Consumer Protection Act,
1986 Preamble.........................2
1986 Sec. 24-A.......................90
1986 Sec. 9.............................92
Indonesia Consumer's Protection
Law 1999 Article 8(1)(h)...........1
Jammu Kashmir Consumer
Protection Act, 1987 Sec. 18-A
................................................91
K.PK Consumers Protection Act,
1997 Sec. 13 (2).....................91
Malaysian Consumer Protection
Act, 1999 Sec. 99(2)...............91
Pakistan Penal Code, 1860
Section 193...........................113
Pakistan Penal Code, 1860
Section 228...........................114

Pakistan Standards and Quality
Control Authority Act, 1996.
Sec. 2(h).................................63
LAHORE HIGH COURT
(Allama v. Irfan)..........................26
Sec. 2(o).................................63
(Chairman v. M. Arshad)..........120
(Dr. Shamshad v. DCC)...............2
(M. Javed v. Abdul)....................27
Sec. 2(t)................................111
(M/s Dawlance v. M. Jameel).106,
107, 108, 113
Control Authority Act,1996. Sec.
(Messrs Sui v. Abdul).................48
2(i)...........................................85
(Sayyed v. District Judge)..........12
Punjab Healthcare Act, 2010 Sec.
(Zia v. Nadeem)..........................27
19............................................67
South African Consumer
Protection Act,2008. Sec. 116
(1)............................................91
DISTRICT CONSUMER
U.K Consumer Protection Act,
COURT
1986........................................91
(Abdul v. G.M SNGPL)...............48
(Abdul v. Rizwan)...............49, 119
(Abdush v. EFU).........................50
(AlHaj v. G.M SNGPL)................48
RULES
(Amjad v. Dr. Asma)...................67
11 of the PCPR, 2009................90
(Authority v. English)..................65
18 of the PCPR,2009...............124
(Authority v. King's)....................65
19 and 22 of the PCPR, 2009....90
(Authority v. Sarfraz)..................88
19 of the PCPR, 2009................89
(Ch. Jawad v. Proprietor)...........86
21 of the PCPR, 2009................89
(Ch. Rafique v. Soldier)..............84
22 of the PCPR, 2009................89
(DCO v. Allah Wasaya)..............88
23 of the PCPR, 2009................89
(DCO v. Khalid)........................127
25 of the PCPR, 2009..............116
(DDO v. Shoukat).......................88
3 of the PCPR, 2009..................87
(Dr. Abrar v. TMO)....................118
30 of the PCPR, 2009..............110
(Dr. M. Mohsin v. MD WASA). .106
4 , 5 and 6 of the PCPR,2009....87
(Fakhar v. Limit College)....39, 127
(Farzana v. Ch. Adnan)........30, 84
(Ghulam v. M/S Naeem)............87
(Ghulam v. Nighahat).......108, 109
SUPREME COURT OF
(Haji v. Chief)..............................51
PAKISTAN
(Haji v. Controller)......................49
(Abdul v. Tawseen) 31, 32, 34, 35,
(Khalid v. Naseer).....................127
127
(Lal v. Naeem)............................50
(Dr. Mobashar v. FOP)...............xx
(M. Afzal v. Divisional)....39, 66, 67
(Watan v. Federation)............8, 59
(M. Ali v. Regional Officer).......107
pg. x
THE PUNJAB CONSUMER PROTECTION ACT, 2005

(M. Anwar v. Haji).................30, 37
(Charan v. Healing). .5, 30, 36, 117
(M. Arshad v. Ch. Saeed).........107
(Common Cause v. Union of India)
(M. Arshad v. The Manager)....94,
................................................93
114
(Fair v. N.K Modi).......................47
(M. Aslam v. Chief)...................107
(Indian Medical v. V.P. Shantha)5,
(M. Hussain v. M/s Mobin).........53
44, 79
(M. Khalid v. Raza).....................30
(Indian Photographic v. H.D
(M. Shahbaz v. M/S Jonny)65, 82,
Shourie)....................................3
95
(Jacob v. State of Punjab)....67, 69
(M. Tariq v. Qazi)........................49
(Laxmi v. P.S.G).........................24
(M.S B.H v. M.S Leopard). .49, 82,
(Lucknow v. M.K).........2, 120, 128
83, 108, 119
(Martin v. M. Ishfaq).............71, 72
(Malik v. DHA)....................36, 119
(Satpal v. Surindra)....................47
(Malik v. Rashid).......................105
(Spring v. Harjol)..........................3
(Manzoor v. Haji)......................104
(State v. Vishwabarathi).......4, 121
(Miss Rabia v. M/S Suneri Bank)
(The Secretary v. M. Lalitha)..4, 5,
......................................106, 107
47
(Mst. Mumtaz v. Dr. Mehboob).63,
(Union of India & Ors. v. A.K)...101
81, 106, 113
(Mst. Naseem v. Amjad)...........104
(Mst. Sabiha v. OCS).........83, 118
(Mujahid v. Waves).........104, 106
(Nisar v. Col.)...........................107
(R. Tahir v. Ghulam)...................88
(Raja v. Rao)............................108
(Riaz v. M. Amjad)....................139
(Safdar v. G.M).........................106
(Safia v. Dr. Ihsan).............86, 134
(Saleem v. M.D).........50, 104, 106
NATIONAL CONSUMER
(Sayyed v. Taufeeq).................119
DISPUTES REDRESSAL
(Shah v. Proprietor)....81, 84, 114,
COMMISSION
119
(Canara v. Shri Binay)..................2
(Shahid v. Executive 2008)......46,
(D.H Kumari v. The Director)......75
106, 124, 128
(Deep v. Manmeet).....................71
(Shiraz v M/S Haier).................105
(Deepak v. The Oriengal ). .passim
(Zahid v. M/s Cakes )...............118
(Deputy v. Ruchika)....................40
(Mr. Sanjay v. Miss Sonal)...72, 73
(Mrs. Shantaben v. Breach).......80
(Nand v. Kamal).........................72
(Pravat v. Ruby)...........................2
SUPREME COURT OF
(Shri Anupan v. Sibsankar)......114
INDIA
(Shri Mehrnosh v. Venkatrama). 72
(CCI v. Development )..................7
(Smt. Narangiben v. Gujrat).......69
pg. xi

(The Joint v. TMT.).......................2
(Vidya v. Dr. R.)..........................69
UNITED NATIONS
GUIDELINES
Article 1.........................................9
Article 10.......................................9
Article 12.......................................9
Article 13.......................................9
Article 14.......................................9
Article 16.......................................9
Article 17.......................................9
Article 18.......................................9
Article 19.....................................10
Article 2.........................................9
Article 20.....................................10
Article 21.....................................10
Article 25.....................................10
Article 26.....................................10
Article 27.....................................10
Article 28.....................................10
Article 29.....................................10
Article 3.........................................9
Article 30.....................................10
Article 31.....................................10
Article 34.....................................10
Article 38.....................................10
Article 4.........................................9
Article 9.........................................9
EXAMPLES
pg. xii
Introduction
The Punjab Consumer Protection Act, 2005 is one of the latest
Consumer Protection Acts. The Consumer Protection Acts are the results of
worldwide Industrial Revolution and vast development and expansion in the
field of international trade and commerce [], however, the jurisprudence of
consumer laws was already available in our Islamic jurisprudence [15]. In the
beginning of the consumer protection laws there was the concept of product
liability [Error: Reference source not found] with regard to the physical
safety, however, with the passage of time the need to protect the other
necessary interests of the consumer [] was felt. The Consumer Protection
Act not only protects the rights and interest of the Consumer but also
protects the rights and interest of the true professional manufacturers and
services providers [].
The General Assembly of the United Nations vide Resolution No.
39.248 dated 16th April, 1985 issued Guidelines for Consumer Protection [
& ]. It is pertinent to mention here that the Guidelines was issued taking into
account the interests and needs of consumes in all countries, particularly
those in developing countries [Article 1, Error: Reference source not found].
Thereafter, the signatories of the resolution began to enact the Consumer
Protection Act in accordance with the economic and social circumstances of
the country, needs of its population [Article 2, Error: Reference source not
found].
The countries, inter alia, enacted the Consumer Protection Act in
different years viz., India in 1986; United Kingdom in 1986; Jammu and
Kashmir in 1987; Malaysia in 1999; Indonesia in 1999; South Africa in 2008.
In Pakistan no legislation has been made on federal level for the entire
country; Islamabad Consumer Protection Act, 1995 enforced only in
Islamabad and FATA; The KPK Consumer Protection Act, 1997 enforced in
K.PK province; The Baluchistan Consumers Protection Act, 2003 enforced in
Balochistan province; The Punjab Consumer Protection Act, 2005 enforced
in the Punjab; The Sindh Consumers Protection Ordinance, 2007 was
passed, perhaps, not enforced in the Sindh.
It is the legal presumption that while enacting a law, legislature is
presumed to know the existing state of law.3 It is evident from the reading of
the whole PCPA, 2005 that the legislature has enacted the same after
considering the existing laws on the subject. The Punjab Consumer
Protection Act, 2005 has resemblance with the [Indian] Consumer Protection
Act, 1986 [Error: Reference source not found], therefore, the sections of the
Punjab Consumer Protection Act, 2005 have been compared with sections of
the [Indian] Consumer Act, 1986. It is said about the law of precedents that
3
PLD 2005 Lah. 190
pg. xiii

defacto jus oritur; from fact springs law; law arises from fact 4. In the
province of Punjab the precedents of the High Court on the Punjab
Consumer Acts, 2005 are a few because it is settled practice of the Courts
that legal proceedings are not undertaken merely for academic purposes
unless there are admitted or proven facts to resolve the controversy. 5
Therefore, the precedents of the Apex Supreme Court of India and the
Honable National Dispute Redressal Commission of India, which have been
developed in 26 years, have been given in this book.
The preamble is said the key to open the statute []. While reading the
different provision of the Act ambiguities arise in mind which may create
confusion and frustrate the whole purpose of the Act. Therefore, the
purposes of the Act must keep in mind while reading this Act [-]. It is the
settled principle of law that if the language of the statute is not clear then the
principle of interpretation and construction of the statute should apply in order
to understand the purpose of the statute. Therefore, I have given some rule
of interpretation and construction which can be helpful for understanding this
Act [-Error: Reference source not found].
The jurisdiction of the Consumer Court always comes into question
and it is decided that the same is in addition and not in derogation of the
provision of any other law for the time being in force [Sec. 3,-]. Sections 4
and 13 provide that manufacturer or service provider shall be liable for
damages proximately caused by defective product or service [Error:
Reference source not found]. The product liability is said strict liability [Error:
Reference source not found-], however, in this Act the manufacturer liability
is criminal liability the violation of the Act by the manufacturer is crime as
well as civil wrong [Sec.32 andError: Reference source not found]. The Act
prohibits to exclude or limit the liability of manufacturer or service providers
[Sec. 12 and 17]. Even both the parties enter into an agreement the
claim/complaint shall be decided on merit [Error: Reference source not
found]. Complaint is filed before the Authority and the Claim is filed before
the Court []. The Act empowers the Consumer Court to entertain the claims
against all the service providers [Sec.14 and Error: Reference source not
found]. The procedure for the settlement of claims has been given [Sec. 28, Error: Reference source not found].
The Sections 11 and 16 in very brief language fortify the rights and
interests of the consumers. These Sections impose a duty to disclose the
defect of product or of service which envisage the concept of implied
warranty. [Error: Reference source not found-Error: Reference source not
found]
4
5
Blacks Law Dictionary Ninth Edition.

(Dr. Mobashar v. FOP) at 689
pg. xiv

The question of limitation has been much debating subject in various
judgments. The liabilities by virtue Part-II [Sec. 12] and Part-III [Sec.17]
neither can be excluded nor be extinguished nor can be subjected to any
limitation period [Error: Reference source not found]. The reason is that the
Consumer Court can pass both protective and compensatory orders.[Error:
Reference source not found-Error: Reference source not found]
At pre-trail stage parties are given chances to settle their claims [Sec.
29 and Error: Reference source not found]. The Act gives two chances to the
parties to settle their claims i.e. through formal procedure [Error: Reference
source not found] and at pre-trail stage the purposes of these opportunities
are to promote easy and speedy way for the settlement of the claims of the
parties. A defaulting party who miss this opportunity is burden with legal
expenses including lawyers fee; compensation; damages; and also burden
with fine for wasting precious time of the Consumer Court.
Procedure on receipt of complaint or claim is given [Sec. 30, and
Error: Reference source not found-]. The Act directs that all the agencies of
the Government shall act in aid of the Consumer Court [Sec.36]
The Act enables the consumer to participate directly in the market
economy and in the welfare of the society []. The Act provides special
incentives to the consumer who has suffered damage and the Consumer
Court may allow the benefits of the Act by passing compensatory order
[Error: Reference source not found].
Consumer Laws and Injunctions of Islam
Islamic sources of law.Justice Cornelius once said we bear in
mind that every principle of jurisprudence, which is requisite for the resolution
of matters coming before us is already available to us from our own
sources.6 In this book our own sources i.e., Injunctions of Islam have been
given as per the requirement of our Constitution that the laws of our country
should be made in accordance with the Holy Quran and the Sunnah. The
Constitution requires that Islamic ideas of social justice shall be enforced. 7
The consumer rights were first introduced by the Holy Prophet as

evident from the Injunctions of Islam. Which are as under.
Quran, Sunnah and trade. These scriptures pay a great deal of
attention to Jihad and Commerce. The Quran Says: We had made the day a
means of earning livelihood (78:11Q)....Spread over the globe and seek the
Chief Justice of Pakistan (1968-1960).

BRING LAW AND JUSTICE CLOSER TO UNDER-STANDING OF PEOPLES PLD
1967 Journal 21 at 25.
7
FUNCTION OF LAW AS LINK BETWWEN NATIONS, PLD 1964 Journal at 101. See.
Article 227 and 2-A of the Constitution
6

abundance of Allah (62:10Q). Allah made trade lawful (2:275Q)....Search for
lawful earning is a bounden duty4:129w.8
The Holy Prophet said: Take to trade, because there are nine
portions in trade out of ten portions of provisions (Gazzalis Ihya).9
Merchants.The tradesmen should be strict and impartial with
regard to weights and measures. The Quran says Give a full measure,
and be not of those who diminish, and weigh things with a right balance
26:181 Q. The Holy Prophet classed an honest merchant with a Prophet
on account of the merchants following Shariat-rules in trade, classed him
with the truthful on account of his being steadfast to truth and classed him
with martyrs on account of his fighting with heavy odds in treading the path of
virtue and honesty in his profession. Owing to the absence of these elements
in trade, the trade has decline and men are hard-pressed with dire economic
problems.10 A trustworthy and truthful merchant shall be with the prophets
and the truthful and the martyrs and the righteous. Abu Said,, Tirmidhiy.11
Verily, merchants shall be raised up sinners on the day of resurrection,
except he who fears God, and is good, and speaks the truth. Rafiaah b.
Rafi, Tirmidhiy.12
Measurement and weight. Great importance has been attached to
weight and measurement in commercial transactions. Every honest
tradesman should observe the same weight and measurement both for
purchasing and selling commodities. The Holy Quran lays special stress :
Fulfil your weight and measure with equity6:751Q. 13 Weigh in full when
you measure, measure with just balance: this is good and better in
interpretation17:35Q....Ibn Omar reported that the Messenger of Allah said
: Measurement is the measurement of the inhabitants of Medina and weight
is the weight of the inhabitants of Mecca.Abu Daud, Nisai14 Ibn Abbas
reported that the Messenger of Allah said to the owners of measurement and
weight : You have been certainly entrusted with two affairs about which the
former nations before you were destroyed.Tirmizi.
(b) 903, 1, Ch.XVIII, Trade and Commerce of Mishkat-ul-Masabih

Ibid.
See. Article 23 of the United Nations Guidelines for Consumer ProtectionGovernments

should regularly review legislation pertaining to weights and measures and assess the
adequacy of the machinery for its enforcement.
10
(d) 903, 1, Ch. XVIII, Trade and Commerce of Mishkat-ul-Masabih
11
n. 495 pg. 110 of Selection from Mishkat-ul-Masabih
12
n. 496 pg. 110 of Selection from Mishkat-ul-Masabih
13
932, 5, Ch. XVIII, Measurement and Weight of Mishkat-ul-Masabih
14
63: 932, 5, Ch. XVIII, Measurement and Weight of Mishkat-ul-Masabih.
9
pg. xvi

Monopoly.Memar reported that the Messenger of Allah said:
Whoever monopolises is a sinner.Muslim15 Omar-bal-Khattab reported : I
heard the Messenger of Allah say : Whoever monopolises over the Muslims
their food-grains, Allah will inflict them with epidemics and bankruptcy.Ibn
Majah16 Ibn Omar reported that the Messenger of Allah said : Whoever
stores up food-grains for 40 days, intending thereby a dear price, becomes
free from Allah and Allah is free from him.Razin17 Muaz reported : I heard
the Messenger of Allah say : Bad is he who monopolises. If Allah makes
commodities cheap, he become aggrieved, and if He makes them dear, he
becomes pleased.Razin, Baihaqi.18 Abu Omamah reported that the
Messenger of Allah said Whoso stores up food grain for 40 days, and then
gives it in charity, it will not be an expiation for his sins.Razin.19
Wages and Hires. Abu Hurairah reported from the Holy Prophet
who said : Allah did not raise up any Prophet who did not graze goats. His
companions asked : You too? Yes said he, I used to tend goats for the
inhabitants for Mecca for some Qirat.Bukhari.20 Abdullah-b-Omar
reported that the Messenger of Allah Said : Pay the labourer his wages
before his sweat dries up.Ibn Majah21
Defective thing22. Waselah-b-Asqa reported : I heard the
Messenger of Allah say : Whoso sells a defective thing without disclosing it
continues to be in the wrath of Allah or angels continue to curse him. Ibn
Majah23 Ibn Omar reported that a man said to the Holy Prophet : Verily I
am cheated in sale. He said: When sale is held, saytheres no cheating.
The man used to utter it. Agreed.24
Holy Prophet as law giver25.Justice Shaikh Abdul Hameed
said He legislated for the situations which arose in his days. In his legal
See. Article 13 of the Guidelines for Consumer Protectionproduction and performance

standards, adequate distribution methods, fair business practices, informative marketing and
effective protection against practices which could adversely affect the economic interests of
consumers and the exercise of choice in the market-place. Also See. Article 17 encourage
fair and effective competition in order to provide consumers with the greatest range of choice
among products and services at the lowest cost. See. Competition Act, 2010 [Pakistan].
15
67: 934, 7, Ch. XVIII, Monopoly of Mishkat-ul-Masabih.
16
70: 934, 7, Ch. XVIII, Monopoly of Mishkat-ul-Masabih.
17
314w: 934, 7, Ch. XVIII, Monopoly of Mishkat-ul-Masabih
18
19
20
1: 945, Ch. XX, Wages and Hires of Mishkat-ul-Masabih
21
2: 945, Ch. XX, Wages and Hires of Mishkat-ul-Masabih
22
See. Article 12 of United Nations Guidelines for Consumer ProtectionGovernments
should, where appropriate, adopt policies under which, if a product is found to be seriously
defective and/or to constitute a substantial and severe hazard.....
23
55: 910, 4, Ch. XVII, Trade and Commerce of Mishkat-ul-Masabih. See. Sec. 11 and
16 Duty of disclosure.
24
10: 970, 2, Ch. XVIII, Unlawful Things in Trade of Mishkat-ul-Masabih

dictums we have another divine source of law, to which all Islamic legislation
has to conform. There are commands from Allah enjoining obedience to His
ordinances as well. He Says: Hold fast to what the Prophet gives to you
And abstain from what he forbids.26
From the above injunctions of Islam it is proved that the basic
concepts for the protection of the rights and interest of the consumers were
already available in Islam. Therefore, these concepts have been given in the
commentary of this Act.
The Prophet was a great teacher. He was a great law-giver. Quaid-e-Azam

address to Bar Assocation, Karachi, on the occasion of the Holy Prophets birthday:
January 25, 1948 Islam Teaches Equality, Justice and Fairplay
26
Justice Shaikh Abdul Hameed, PROPHET MUHAMMAD AS A JURISTS PLD
1970 Journal 81
25
pg. xviii
27
THE PUNJAB CONSUMER PROTECTION ACT 2005

(Pb. Act II of 2005)
[25 January 2005]
An Act to provide for protection and promotion of the rights and interests of
the consumers.
Preamble.Whereas, it is expedient to provide for protection and

promotion of the rights and interests of the consumers, speedy
redress of consumer complaints and for matters connected
therewith;
It is hereby enacted as follows:Comments
Maqasid-e-Shariah. The purpose of the PCPA, 2005 can be

understood with the help of the Maqasid-e-Shariah which is defined as
under
"Islamic teachings the Divine revelation is purpose-oriented. Muslim
Jurists have recognized a few Objectives of Shariah, known as Maqaside-Shariah. These objectives are in fact guarantees for the betterment of
humanity. The five basic principles or the five values/five Maqasid-eShariah are as follows;
(i) Preservation of Deen (Religion),
(ii) Preservation of Intellect,
(iii) Preservation of Life,
(iv) Preservation of Property and
(v) Preservation of Progeny.28
Hence the purpose of the PCPA, 2005 is the betterment of humanity
[] which can be achieved by preservation of Deen, Intellect, Life, Property
and Progeny. Whoever infringes the right of consumers, is actually infringes
27
This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the
Governor of the Punjab on 19 January 2005; and, was published in the Punjab Gazette
(Extraordinary), dated 25 January 2005, pages 2565 to 2573. See. [PLD Vol. LVII-2005] or
[ PLJ Punjab Statutes-2004 pg. 26].
Article 8(1)(h) Business agents shall be prohibited to produce and/or trade goods and/or
services which:..do not comply with the provision an production in a manner permitted by the
religion as stated by the word halal(permitted by the law) set forth on the label. Indonesia
Consumers Protection Law 1999.
O mankind! Eat of that which is lawful and good on
the earth [Ayat 168 Surah 2]. O you who believe! Eat of
the lawful things that We have provided with. [Ayat 172 Surah 2].
And eat of the things which Allah has provided for you, lawful and good [ Ayat 88 Surah 5]
28
PLJ 2011 FSC 1(2010)
.13
[Preamble]
the rights of the population, therefore, such infringement of this Act is crime
which is punishable under section 32 of this Act.[See.-]
Preamble of the Indian Consumer Protection Act, 1986. It is

important to understand the scope of the Punjab Consumer Protection
act, 2005. Preamble to the Act.... [can be compared with the] Indian
Consumer Protection Act, 1986, has a similar preamble which states:-An Act to provide for the better protection of the interest of consumers
and for that purpose to make provision for the establishment of consumer
councils and other authorities for the settlement of consumer disputes and
for matters connected therewith.29 The Honourable Supreme Court of India
has defined the scope of the Indian Consumer Protection Act, 1986 in
various judgments.[See.-]
Welfare of the society. The Honble Supreme Court of India in

Lucknow Development Authority Vs. M.K.Gupta (1994) 1 SCC 243 case
observed the purpose of the Act in the following words:
The importance of the Act lies in promoting welfare of the society by enabling
the consumer to participate directly in the market economy. It attempts to
remove the helplessness of a consumer which he faces against powerful
business, described as, a network of rackets or a society in which,
producers have secured power to rob the rest and the might of public
bodies which are degenerating into storehouses of inaction where papers do
not move from one desk to another as a matter of duty and responsibility but
for extraneous consideration leaving the common man helpless, bewildered
and shocked. The malady is becoming so rampant, widespread and deep
that the society instead of bothering, complaining and fighting against it, is
accepting it as part of life. The enactment in these unbelievable yet harsh
realities appears to be a silver lining, which may in course of time succeed in
checking the rot.30[]
Widespread consumer protection movement. It is to be

remembered that proceedings before the Consumer Fora are inquisitorial
and not adversary. The orders are required to be passed in accordance
with justice and equity on the basis of the evidence available on record.
The Act is for the protection of the consumers and matters are required to
be decided by having rationale approach and not technical one. This is
made clear in Indian Photographic Co. Ltd. Vs. HD. Shourie.)(1999) 6
SCC 428 wherein the Apex Court observed:
4. The Consumer Protection Act, 1986 has been enacted to provide for
better protection of the interests of the consumers by making provisions for
the establishment of consumer councils, other authorities for the settlement
29
30
(Dr. Shamshad v. DCC)

(Pravat v. Ruby)=(The Joint v. TMT.)=(Canara v. Shri Binay)
Part I
[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

.13
of consumer disputes and for matters connected therewith. The Act was
enacted as a result of widespread consumer protection movement. On the
basis of the report of the Secretary General on Consumer Protection
dated 27-5-1983, the United Nations Economic and Social Council
recommended that the world Governments should develop, strengthen and
implement a coherent consumer protection policy taking into consideration
the guidelines set out therein. Each Government was obliged to set its own
priorities for the protection of consumers in accordance with the economic
and social conditions of the country keeping in view the needs of its people
and bearing in mind the costs and benefit of the proposed legislation. The
Governments were to further provide adequate infrastructure including
the bodies as well as financial facilities to develop, implement and
monitor consumer protection policies. The introduction of new products in
the developing countries was to be assessed in relation to the local
conditions having regard to the existing production, distribution and
consumption patterns of the country or region concerned. The various
enactments such as the Contract Act, the Standards of Weights and
Measures Act, the Motor Vehicles Act, the Monopolies and Restrictive Trade
Practices Act, the Food Adulteration Act etc. were found to be inadequate in
providing the relief to the consumers. In discharge of the international
obligations and to protect the interest of the consumer in the country, the
Consumer Protection Act, 1986 was enacted (hereinafter called the 1986
Act). With reference to the consumer movement and the international
obligations for protection of the rights of the consumer, provision has been
made herein with the object of interpreting the relevant law in a rational
manner and for achieving the objective set forth in the Act. A rational
approach and not a technical approach is the mandate of law.31
Liberal interpretation of the Consumer Act. Again in Spring

Meadows Hospital and another V. Harjol Ahluwalia trhough K.S.
Ahluwalia and another[(1998) 4 SCC 39)] this Court, having taken note of
the background in which the 1986 Act came to be placed on the statute
book, observed that the Act creates a framework for speedy disposal of
consumer disputes and an attempt has been made to remove the existing
evils of the ordinary court system. The Act being a beneficial Legislation
should receive a liberal construction. 32 With reference to the consumer
movement and the international obligations for protection of the rights of
the consumer, provision has been made herein with the object of
interpreting the relevant law in a rational manner and for achieving the
objective set forth in the Act. A rational approach and not a technical
approach is the mandate of law.33 The provisions of the said Act are
31
(Deepak v. The Oriengal) NCDRC

(The Secretary v. M. Lalitha) SCI
33
32
Part I
.13
[Preamble]
34
required to be interpreted as broadly as possible. Having due regard to
the scheme of the Act and purpose sought to be achieved to protect the
interest of the consumers, better the provisions are to be interpreted
broadly, positively and purposefully...35[See.Error: Reference source not
found]
The object of the legislation. The scope and object of the said
legislation came up for consideration before this Court in Common Cause.
A Registered Society v. Union of India reported in (1997) 10 SCC 729. )
The object of the legislation, as the Preamble of the Act proclaims, is for
better protection of the interests of consumers. During the last few years
preceding the enactment there was in this country a marked awareness
among the consumers of goods that they were not getting their moneys
worth and were being exploited by both traders and manufacturers of
consumer goods. The need for consumer redressal for was therefore,
increasingly felt. Understandably, therefore, legislation was introduced and
enacted with considerable enthusiasm and fanfare as a path-breaking
benevolent legislation intended to protect the consumer from exploitation by
unscrupulous manufacturers and traders of consumer goods... 36
Background of the Consumer Acts. Before proceeding further, it is

useful to know the background, the objects and reasons and purpose for
which the 1986 Act is enacted. Consequent upon Industrial Revolution
and vast development and expansion in the field of international trade and
commerce, variety of consumer goods entered the market to meet the
needs of the consumers and most of services like insurance, transport,
electricity, housing, entertainment, finance and banking have been made
available to the consumers. Well-organized sectors of manufacturers and
traders with better energy and markets have emerged affecting
relationship between the traders and consumers. With the help and aid of
media both electronic and print, the advertisements of goods and services
in television, newspapers and magazines have created great impact and
influence on the demand for the same by the consumers though there
may be manufacturing defects or deficiencies or short-comings in the
quality, quantity and the purity of the goods or there may be deficiency in
the services rendered. In the interest of the public and to protect the
consumers, it became necessary to check adulterated and substandard
articles in the market. Despite various other statutes such as Indian
Contract Act, 1972, Sale of Goods Act, 1930, the Indian Penal Code,
1960, The Standard of Weights and Measures Act, 1976 and the Motor
34
(State v. Vishwabarathi) SCI

36
(State v. Vishwabarathi) SCI
35
Part I

.13
Vehicles Act, 1988 etc. being in operation, very little could be achieved in
the field of consumer protection. Though the MRTP Act 1969 and the
Prevention of Adulteration Act, 1954 provide relief to the consumers yet it
became necessary to protect the consumers from the exploitation and to
save them from adulterated and substandard goods and deficiency in
services and to safeguard their interest.37
Summary trial. The consumer Protection Act is one of the

benevolent pieces of legislation intended to protect a large body of
consumers form exploitation. The Act provides for an alternative system
of consumer justice by summary trial.38
The legislative intent, for enacting the legislation, of a speedy
summary trial, to settle the claim of the complainant (consumers) has been
respected in its breach. The spirit of the benevolent legislation has been
overlooked and its object frustrated by non-suiting the appellant in the
manner in which it has been done by the National Consumer Forum. The
consumer forums must take expeditious steps to deal with the complaints
fited before them and not keep them pending for years. It would defeat the
object of the Act if summary trials are not disposed of expeditiously by the
forums....Steps in this direction are required to be taken in the right earnest.
39
In the Indian Medical Association case (supra) [Indian Medical

Association v. V.P. Shantha and Ors., I [1995] 6 SCC 651]this Court noticed
the powers conferred on the several fora under the Act, the procedure
applicable (including the exercise of some powers of the Civil Court under
the Code of Civil Procedure having been made available to the fora under
the Act) and held that the nature of averments made in the complaint is not
by itself enough to arrive at a conclusion that the complaint raises such
complicated questions as cannot be determined by the NCDRC. It is only
when the dispute arising for adjudication is such as would require recording
of lengthy evidence not permissible within the scope of a summary enquiry
that a forum under the Act may ask the complainant to approach the Civil
Court. The fora made available under the Act are in addition to, and not in
derogation of the provisions of any other law for the time being in force and
the jurisdiction of the conventional courts over such matters as are now
cognizable under the Act has not been taken away. A three-Judge Bench of
this Court recently in Dr. J.J.Merchant & Ors. s case (supra) [Dr. J.J
Merchant & Ors. v. Shrinath Chaturvedi, [2002] 6 SCC 635] specifically dealt
with the issue as to the guidelines which would determine the matter being
appropriately dealt with by a forum under the Act or being left to be heard
37

(Charan v. Healing) SCI
39
(Charan v. Healing) SCI
38
Part I
.13
[Preamble]
and decided by Civil Court. This Court noticed that the fora under the Act are
specifically empowered to follow such procedure which may not require more
time or delay the proceedings. A forum under the Act is entitled, and would
be justified, in evolving a procedure of its own and also by effectively
controlling the proceedings so as to do away with the need of a detailed and
complicated trial and arrive at a just decision of the case by resorting to the
principles of natural justice and following the procedure consistent with the
principles thereof, also making use of such of the powers of Civil Courts as
are conferred on it. The decisive test is not the complicated nature of the
questions of fact and law arising for decision. The anvil on which
entertainability of a complaint by a forum under the Act is to be determined is
whether the questions, though complicated they may be, are capable being
determined by summary enquiry i.e. by doing away with the need of a
detailed and complicated method of recording evidence. It has to be
remember that the fora under the Act at every level are headed by
experienced persons. The National Commission is headed by a person who
is or has been a Judge of the Supreme Court. The State Commission is
headed by a person who is or has been a Judge of the High Court. Each
District Forum is headed by person who is, or has been, or is qualified to be
a District Judge. We do not think that mere complication either of facts or of
law can be a ground for the denial of hearing by a forum under the Act. In
Synco Industries case (supra) [Amar Jwala Paper Mills (India) and Am. v.
State Bank of India, [1998] 8 SCC 387] this Court upheld that order of
NCDRC holding the complaint before it not a fit case to be tried under the Act
and allowing liberty to the complainant to approach the Civil Court because
this Court agreed with the opinion formed by the Commission that "very
detailed evidence would have to be led, both to prove the claim and
thereafter to prove the damages and expenses". The Court concluded that in
any event it was "not appropriate case to be heard and disposed of in a
summary fashion."
In Amar Jwala Paper Mills (India) and Anr. s case (supra) [Amar
Jwala Paper Mills (India) and Am. v. State Bank of India, [1998] 8 SCC 387]
this Court set aside the order of NCDRC relegating a complainant to a Civil
Court in spite of the complexity of the matter because the hearing had almost
concluded before the Commission.
In Dr. J.J. Merchant & Ors. s case (supra) this Court dealing with the
contention that complicated questions of facts cannot be decided in summary
proceedings held - "this submission also requires to be rejected because
under the Act, for summary or speedy trial, exhaustive procedure in
conformity with the principles of natural justice is provided. Therefore, merely
because it is mentioned that the Commission or Forum is required to have
summary trial would hardly be a ground for directing the consumer to
approach the civil court. For the trial to be just and reasonable, a long drawn
6
Part I

.13
delayed procedure, giving ample opportunity to the litigant to harass the
aggrieved other side, is not necessary. It should be kept in mind that the
legislature has provided an alternative, efficacious, simple, inexpensive and
speedy remedy to the consumers and that should not be curtained on such
ground. It would also be a totally wrong assumption that because summary
trial is provided, justice cannot be done when some questions of fact are
required to be dealt with or decided. The Act provides sufficient
safeguards."40[See.]
Inquisitorial Court. The Consumer courts are inquisitorial and not

adversary41. The consumer courts have to dig out the facts regarding the
quality of the product or standard of the services etc. A consumer, who
has suffered damage, comes to the court with some primary evidence
which can affect the interest of the consumers. In such like situation the
court has to consider the elements which can harm the consumers. The
court has to perform the duty of a prosecutor and of a judge at the same
time in order to promote the interest of the consumers. It is pertinent to
mention here the court is not like dispute redressal authority as in India.
The court can pass any order necessary for adequate and proper
compliance of this Act [Sec. 30 (d)]. Moreover, all the agencies of the
Government are bound to act in aid of the court in the performance of its
function [Sec. 30]. That even the settlement between the parties is made,
the court shall decide the same on merits [Rule 14(2)]. Where the
products are found against the rights and interest of the consumers the
responsible shall be penalized. [See.Error: Reference source not found]
The Honorable Supreme Court of Pakistan referred meaning of
adversarial and inquisitorial proceedings in Watan party, case (PLD 2011
SC 997):-The adversarial system (or adversary system) is a legal system where two
advocates represent their parties, postions before an impartial person or
group of people, usually a jury or judge, who attempt to determine the truth of
the case, whereas, the inquisitorial system has a judge (or a group of judges
who work together) whose task is to investigate the case.
43. The adversarial system is a two-sided structure under which criminal
courts operate that pits the prosecution against the defence. Justice is done
when the most effective and rightful adversary is able to convince the judge
or jury that his or her perspective on the case is the correct one. 42
46. An inquisitorial system is a legal system where the court or a part of the
court is actively involved in investigating the facts of the case, as opposed to
40
(CCI v. Development ) SCI

42
(Watan v. Federation) SCP
41
Part I
.13
[Preamble]
an adversarial system where the role of the court is primarily that an impartial
referee between the prosecution and the defence. Inquisitorial systems are
used in some countries with civil legal systems as opposed to common law
systems. Also countries using common law, including the United States, may
use an inquisitorial system for summary hearings in the case of
misdemeanors such as minor traffic violations. In fact, the distinction
between an adversarial and inquisitorial system is theoretically unrelated to
the distinction between a civil legal and common law system. Some legal
scholars consider the term inquisitorial misleading, and prefer the word
non-adversarial.43
United Nations Objectives for Consumer Protection. In order to

better understand the Act the United Nations Objectives for Consumer
Protection should be considered which as following Taking into account
the interest and needs of the consumers...particularly those in developing
countries...bearing in mind that consumers should have the right of
access to non-hazardous product,..right to promote just, equitable and
sustainable economic and social development...guidelines for consumer
protection have following objective: (a) protection for population as
consumers; (b) facilitate production and distribution...;(c) encourage high
level ethical conduct...for goods and services to consumers; (d) in curbing
abusive business practices...(g) encourage the development of market
conditions [Article 1 Error: Reference source not found]
United Nations General Principles. The General Principles of the
United Nations Guidelines for Consumer Protection are protection of
consumers in accordance with the economic and social circumstances of
the country,...needs of its population....[Article 2 Error: Reference source
not found] The legitimate needs which the guidelines are intended to meet
are the following: (a) The protection of consumers from hazards to their
health and safety; (b)...of the economic interests of consumers (c) access
to information...;(d) Consumer education;(d) Availability of effective
consumer redress;[Article 3 Error: Reference source not found] Special
care for the benefit of all sectors of the population, particularly the rural
population. [Article 4 Error: Reference source not found]
Guidelines for Consumer Protection. The brief of the Guidelines
for Consumer Protection are as under
A.
Physical Safety. encourage the adoption of appropriate
measures...national or international standards voluntary standards...[Article 9
Error: Reference source not found]. ensure that goods produced... are safe
distributors should ensure that while in their care these goods are not
rendered unsafe through improper handling...do not become hazardous....
43
(Watan v. Federation) SCP
Part I

.13
[Article 10 Error: Reference source not found]. Where appropriate...if a
product found to be seriously defective...substantial and severe hazard even
when used properly used...recall it and replace or modify it...if not
possible...the consumer should be adequately compensated. [Article 12
Error: Reference source not found]
B.
Promotion and Protection of consumer economic
interests.enable consumers to obtain optimum benefit from their economic
resources...the exercise of choice in the market-place. [Article 13 Error:
Reference source not found] should intensify their efforts to prevent practices
which are damaging to the economic interests of consumers...such as the
adulteration of foods, false or misleading claims in marketing and service
frauds.[Article 14 Error: Reference source not found] ensure that goods meet
reasonable demands of durability, utility and reliability....Similar policies
should apply to the provision of services.[Article 16 Error: Reference source
not found] encourage fair and effective competition....in order to provide
consumers with the greatest range of choice...at lost cost.[Article 17 Error:
Reference source not found] manufacturers...ensure adequate availability of
reliable after-sales service and spare parts.[Article 18 Error: Reference
source not found] Consumers should be protected one-sided standard
contracts, exclusion of essential rights in contracts...[Article 19 Error:
Reference source not found] Promotional marketing should...meet legal
requirements [Article 20 Error: Reference source not found] free flow of
accurate information of consumer products. [Article 21 Error: Reference
source not found]
C.
Standards for the safety and quality of consumer goods
and services. promote the elaboration and implementation of standards,
voluntary...[Article 24 Error: Reference source not found] to raise that
standard...[Article 25 Error: Reference source not found] encourage and
ensure facilities to test...goods and services.[Article 26 Error: Reference
source not found]
D.
Distribution facilities for essential consumer goods and
services. ensure efficient distribution of...essential goods and services are
provided in rural areas.[Article 27(a) 125]
E.
Measures enabling consumers to obtain redress.
establish or maintain legal and/ or administrative measures to enable
consumers...to obtain redress through...expeditious, fair, inexpensive and
accessible....procedures that should take particular account of the needs of
low-income consumers.[Article 28 125] encourage all enterprises to resolve
consumer disputes in a fair, expeditious and informal manner...[Article 29
Error: Reference source not found] Information on available redress and
other dispute-resolving procedures[Article 30 Error: Reference source not
found] encourage...consumer education....in both rural and urban areas,
Part I
.13
[Preamble]
including low-income consumers and those with low or non-existent literacy
levels. [Article 31 Error: Reference source not found] Consumer
education...such important aspects...(a) Health, nutrition...(b) Product
hazards (c) Product labeling (d) Relevant legislation (e) Information on
weights (f) pollution and environment. [Article 33 Error: Reference source not
found] encourage...interested groups...for the benefits of loc-income groups
in rural and urban areas.[Article 34 Error: Reference source not found]
G.
Measures relating to specific areas.-- In advancing consumer
interest, particularly in developing countries...give priority to areas of
essential concern for the health of the consumer, such as food, water and
pharmaceuticals.[ Article 38 Error: Reference source not found].
Consumer is a harbinger. A Consumer is one who consumes a

product or being served with services. To consume or to be beneficiary of
product or service is the necessary condition to fall within the definition of
the consumer. The consumer, who has suffered damage and comes
before the Court or Authority, is a harbinger of the defective or substandard product or services which may cause damage to the prospective
consumers. It is the damage which he has suffered which gives him right
to claim in the court and not otherwise. Since such claimant is the primary
evidence against the product or service, therefore, the PCPA, 2005 law
provides incentives, for such harbinger or primary evidence, in shape of
cost, compensation, litigation charges etc.
It is said that the law is not made for the past; it is made for the future.
Similarly, the violators of consumer law are burden with the damages, fine,
cost, compensation etc. in order to deter the violation of consumer laws in
future. In order to save the prospective consumers from the same defective
and sub-standard faulty products or services the Consumer Court is given
powers under the Act.[See. Sec.Error: Reference source not found and Error:
Reference source not found-Error: Reference source not found].
Interest of the consumer. Under the Principle, the interest of the

consumer is comprises of, inter alia, health and physical safety, economic
interest, consumer education and in effective consumer redress. In this
Act the interest of the consumers are fully protected; the Act prohibits
from excluding or limiting the liability which arises due to defective or
faulty services even with or without consent of the parties. Privatorum
convention juri public non derogate; A private agreement does not
derogate from the public right. The reason of such prohibition is the
fortification of the rights and the interest of the consumers so that they can
be saved from that defect in future. The purpose of the Act is to improve
and eliminate the defective products and faulty services. By redressing
the claims of a consumer the Consumer Courts protects the rights and
10
Part I

.13
interest of the prospective consumers. [See.Error: Reference source not
found-Error: Reference source not found] Cf.[]
Interest of the manufacturer and service provider. It is said that

the Act intends to protect the rights and interest of the consumers but the
rights and interest of the manufacturer are not protected under this Act. It
is pertinent to mention here that the Act fully protects the rights and
interests of the manufacturers and service providers. The Act penalizes
only those manufacturers and service providers who show negligence in
taking care of the rights and interest of the consumers and deliberately
provide defective products and services. This Act aims to create fair
competitive environment which is also in the interest of the honest,
trustworthy and professionals manufacturers or service providers.[]
Part I
PRELIMINARY
1
Short title, extent and commencement. (1) This Act may
be called the Punjab Consumer Protection Act 2005.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
Comments
Consumer Court in the Punjab. The Act was intended, to come into
force in the whole Province of Punjab, at once. The Government was
directed to establish Consumer Courts in each district, however, due to
unknown reasons Courts could not be established [Sec. 26]. Thereafter,
amendment44 was inserted in the said section whereby the Government
got the option to establish a Consumer Court for an area, comprising one
or more districts.
In the whole Province of the Punjab eleven Consumer Courts were
established for 36 Districts. At Lahore one Consumer Court exercising
jurisdiction and powers under the Act, and the areas of jurisdiction of this
Court are Lahore, Sheikhupura, Nankana Sahib and Kasur. The problems of
the consumers for the redressal of their complaints can be imagined. It is
pertinent to mention here that under the Guidelines the procedure to redress
the consumer complaints should be simple, informal, and inexpensive. The
needs of the low-income consumers were emphasized. [Article 28]. The
Government should establish Consumer Courts in each District in order to
serve the purpose of this Act. [See. Sec. 26,]
44
Punjab Consumer Protection (Amendment) act, 2006 (XI of 2006)
Part I
11
.13
[Preamble]
2
Definitions. In this Act, unless there is anything repugnant
in the subject or context,
Comments
Definition of words. It is now settled rather taken as golden

principle of interpretation of statute that firstly if any word occurring in a
statute is to be interpreted, its meaning should be searched and if it is
defined in the definition clause or any other part of that statute with
reference to that statute and with reference to that subject. If no such
definition is provided in that statute/enactment, then its literal/dictionary
meanings are to be taken into consideration.45
INTERPRETATION OF STATUTE
Preamble . In many judicial authorities preamble has been referred

to with advantage as legitimate aid to construction of the main provisions
of the statute. It is a key to a statute or treated as book of interpretation
and affords clue to its scope particularly where the words construed by
themselves are fairly capable of more than one construction. But an Act is
not controlled by its Preamble. And a statement in the Preamble is not a
binding authority.46
Thus, a piece of socio-economic legislation, the object of which is

to secure social welfare, should not be construed narrowly so as to defeat
its very purpose.... The canon of construing a social legislation is very
different from the cannon of construing ordinary law. The Court cannot
countenance any tactics to circumvent or defeat the provisions of
legislation of this kind. Court will be justified in even straining the
language of the Act, if found necessary to achieve the purpose of the
Legislature in enacting. Not only Courts should disapprove all subterfuges
to defeat social legislation, but must actively try to prevent such
subterfuges succeeding in their object....47
In Social Welfare legislation literal construction is not commended,

but the Court must look to the object and purpose of legislation. Said the
45
46
(Sayyed v. District Judge) LHC

S.M.Zafar page 52 See. Brooms page 384 note. x & y
47
12
Part I

.13
Supreme Court in Chairman, Board of Mining Examination v. Ramjee. 48
[See.]
Headings. The heading of a portion of a statute may be regarded as

preamble to that portion and so in the same way be referred to determine
the sense of any doubtful expression in a section ranged under it...; and a
recital of an Act of Parliament, stating its object, it has been held to limit
general words in the enacting part to the object as declared in the recital 49
Where the statute is ambiguous, the chapter, article and section
headings may also be referred to by the court in ascertaining the intention
of the legislature,...although there is authority to the contrary.... 50
If, however, there are circumstances in the Act showing that the
phraseology is used in a larger sense than its ordinary meaning, that
sense may be given to it...; and where the object of a statute is the public
safety, its wording may be interpreted widely to effect that object... 51
The Commanding principle, says Lord Shaw in Butler v. Fife Coal
Company, in the construction of a statute passed to remedy the evils
and to protect against the dangers which confront or threaten persons or
classes of His Majestys subjects is that consistently with actual language
employed, the Act shall be interpreted in the sense favourbale to making
the remedy effective and protection secure.52
Inconvenience. Argumentum ab inconvenient plurimum valet in
lege; An argument drawn from inconvenience is forcible in law.... It has
been stated, under a preceding maxim..., that where the law is clearly
defined, its strict letter will not be departed from because inconvenience
or hardship may result from its strict observance. Yet, in cases where the
law is not clear, or where the circumstances give rise to doubt, the Court
48
49
50
51
52
Part I
13
.13
[Preamble]
frequently allow their decision to be determined by such
considerations....53 This argument ab inconvenient, moreover, is, under
many circumstances, valid to this extent, that the law will sooner suffer a
private mischief than a public inconvenience, a principle which we have
already considered. It is better to suffer a mischief which is peculiar to
one, than an inconvenience which may prejudice many.... 54 I do not
doubt that, if the language of an enactment is ambiguous and susceptible
of two meanings, one of which is consonant with justice and good sense
while the other would lead to extravagant results, a court of law will incline
to adopt the former and reject the latter, even although the latter may
correspond more closely with the literal meaning of the words employed
....55
If the language employed is plain and unambiguous, the same

must be given effect to irrespective of the consequences that may arise.
But if the language employed is reasonably capable of more meanings
than one then the Court will have to call into aid various well settled rule of
construction and, in particular, the history of the legislation, to find out the
evil that was sought to e remedied and also in some cases underlying
purpose of the legislationthe legislative scheme, and the consequences
that may possibly flow from accepting on or the other of the interpretations
because no legislative body is presumed to confer a power which is
capable of misuse....56
Moreover, a statute should be construed as a whole because it is
not to be presumed that the legislature has used any useless words,...
and because it is a dangerous practice to based the construction upon
only a part of it, since one portion may be qualified by other portions....In
addition to being subject to qualification, words are not always used
accurately by the legislature. The thought conveyed by the statute in its
entirety may reveal the inaccurate use.57
In Hammersmith and City Rly. Co. v. Brand... the heading was held
by Lord Chelmsford and Lord Colonsay to be part of the Act and to be
referred to determine the sense of any doubtful expression in any
53
54
55
56
57
14
Part I

.13
particular section ranged under a particular heading, but only for aid in
interpreting any doubtful word or expression. As Lord Goddard said :
...the law is quite clear that you cannot use such headings to give a
different effect to clear words of the section where there cannot be any
doubt as to their ordinary meaning.58
Consequently, that construction which will leave every word

operative will be favored over one which leaves some word or provision
meaningless because of inconsistency.... But a word should not be given
effect, if to do so gives the statute a meaning contrary to the intent of the
legislature.... On the other hand, if full effect cannot be given to the words
of a statute, they must be made effective as far as possible.... Nor should
the provisions of a statute which are inconsistent be harmonized at a
sacrifice of the legislative intention.... It may be that two provisions are
irreconcilable;... if so, the one which expresses the intent of the lawmakers should control....59
As result, the court should strive to avoid, construction which will

tend
to
make
the
statute
unjust,...
oppresseive,...
unreasonable,...absurd,... mischievous,... or contrary to the public
interest.... That Construction should be accepted which will made the
statute effective and productive of the most good, as it is presumed that
these results were intended by the legislature.... In order to carry out the
legislative intent, it is therefore apparent that the statute should be given a
rational, logical and sensible interpretation.... Any construction should be
avoided, if possible, as contrary to the intent of the law-makers, that
produces any effect at variance with the commonly recognized concepts
of what is right, just and ethical. 60
Rule of construction ex visceribus actus. This rule is applicable to

all statutes, meaning that the meaning of statutory provisions has to be
collected from within the four corners of the Act. Coke said: It is the most
natural and genuine exposition of a statute to construe one part of a
statute by another part of the same statute, for that best expresseth the
58
59
60
Part I
15
.13
[Preamble]
meaning of the makers...and this exposition is ex visceribus actus. The
usual caution is to be adopted, however, that this rule of construction is
never allowed to alter what is of itself clear and explicit. In Brett v. Brett,
Sir John Nicoll, M.R., put it rather picturesquely : The key to the opening
of every law is the reason and spirit of the law ; it is the animus
imponentis, the intention of the lawmaker expressed in the law itself,
taken as a whole. Hence to arrive at the true meaning of any particular
phrase in a statute, the particular phrase is not to be viewed detached
from its context in the statute; it is to be viewed in connection with the
whole context, meaning by this as well the title an preamble as the
purview or enacting part of the statute.61
According to Lord Blackburn in Rein v. Lane : You are not only to

look at the words but you are to look at the context, the collection and the
object of such words relating to such matter, and interpret the meaning
according to what would appear to be the meaning intended to be
conveyed by the words under the circumstances.62
Legislature presumed not to enact contrary to international
law.According to recognized rules of construction of statutes, the
Legislature is presumed not to enact anything contrary to international law
or the common law of the realm. Unless, therefore, the intention to do so
is clearly expressed in the enactment the Court would incline to favour an
interpretation which would being the enactment intoconsonance with
those principles rather than accept a grammatical interpretation, the result
of which would be startling or unusual....63
Act means the Punjab Consumer Protection Act 2005;

consumer means a person or entity who
61
62
63
16
Part I
.13
The Explanation to the definition of 'consumer' has been added by

way of an amendment in 1993 which reads as under:
Student is not consumer. The appellant is an educational

institution and cannot be described to be undertaking any
commercial activity. The definition of the term "consumer" particularly
its clause 2 (c) visualizes hiring the services for a consideration
which concept is not attracted in the matter in which a student
submits an application for appearing in any examination to be conducted
by an educational institution.64
Consumer. The expression Consumer has been defined in section
2(c) of the Act. Keeping in view the definition, following persons are
included in the said definition:-
Firm is consumer. A firm does not fall within the above referred
definition of entity as the members of a firm do not form a collective
64
Part I
17
.13
[Preamble]
whole distinct from the individuals composing it. The word person has
not been defined in the Punjab Consumer Protection Act, 2005. In
such a situation we can invoke Section 2 of the Punjab General
Clauses Act, 1956 which clearly says, that; In this Act, and in all the
Punjab Acts unless there is anything repugnant in the subject or
context, definition given in the General Clauses Act would apply.
Section 2(47) of the Punjab General Clauses Act, 1956 defines a person
as follows:-
Consideration. No doubt any person engaging the services of other

person shall be consumer but according to the definition such
engagement of services must be for consideration. The expression
consideration has not been defined in section 2 of the Act. However,
while speaking in ordinary and widest sense, it is the reason, motive or
inducement by which a man is moved to bind himself by an agreement. 65
Proximate damages. Proximate damages have been defined in

Blacks Law Dictionary as Damages directly, immediately, and naturally
flowing from the act complained of.
Sections 4 and 13 provides that manufacturer or service provider
shall be liable for damages proximately caused by defective product or
service. Proximate cause is defined to be that cause which immediately
proceeds and directly produces and effect as distinguished from a remote,
mediate, or predisposing cause. The damages under this category is
defined general damages also termed as direct damages, in Blacks Law
Dictionary. It will be useful to re-produce some kinds of damages which
can be relevant to the facts of any case;
Discretionary damages. Damages (such as mental anguish or pain
and suffering) that are not precisely measurable but are determined by
the subjective judgment of a jury.Also termed indeterminate damages.
65
18
Part I
.13
Mental and physical torture. The claim of damages on the score of

mental and physical torture do not fall within the ambit of this court. It is a
subject matter of civil court, so these are not to be granted to the claimant.
Claimant should knock at the door of civil court to obtain these damages. 66
Damages. Damages means all damage caused by a product or
service including to the product itself and economic loss arising from a
deficiency in or loss of use of the product or service. 67
Special and general damages. At this stage, it is to be noted that
there are two types of damages namely; `special damages' and `general
damages'. The term `general damages' refers to the special character,
condition or circumstances which accrue from the immediate, direct and
approximate result of the wrong complained of. Similarly, the term `special
damages' is defined as the actual but not necessarily the result of injury
complained of. It follows as a natural and approximate consequence in a
particular case, by reason of special circumstances or condition. It is
settled that in an action for personal injuries, the general damages are
governed by the rule of thumb whereas the special damages are required
to be specifically pleaded and provedy. In the case of British Transport
Commission v. Gourley [(1956) AC 185] it has been held that special
damages have to be specially pleaded and proved. This consists of outof-pocket expenses and loss of earnings incurred down to the date of trial,
and is generally capable of substantially exact calculation. The general
damages are those which the law implies even if not specially pleaded.
This includes compensation for pain and suffering and the like, and, if the
injuries suffered are such as to lead to continuing or permanent disability,
compensation for loss of earning power in the future. The basic principle
so far as loss of earnings and out-of-pocket expenses are concerned is
that the injured person should be placed in the same financial position, so
66
67
Part I
19
.13
[Preamble]
far as can be done by an award of money, as he would have been had
the accident not happened. The same principle has been referred to in the
case of Qazi Dost Muhammad v. Malik Dost Muhammad (1997 CLC 546),
in the following terms:-
"It is a settled principle of law that in respect of special damages it is

the duty of an aggrieved person to prove each item of the loss, on the
basis of evidence and as far as general damages are concerned, relating
to mental torture, defamation etc. those are to be measured, following the
`Rule of Thumb', according to which, discretion rests with the Court to
calculate such compensation keeping in view the attending circumstances
of the case. ....... As far as inconvenience is concerned, this item can be
considered while assessing the general damages."68
Principle of ascertaining special and general damages. In the

case of Islamic Republic of Pakistan v. Sh. Nawab Din (PLJ 2002 Lah.
1998) the principles for ascertaining the quantum of general and special
damages has been discussed in the following words:
68
20
Part I
.13
In case of general damages, the well-established principle is that

damages must be such, which would compensate the injured. As far as
money is concerned, it is true that loss arising out of injury to reputation of
a person cannot be compensated in terms of money and other nonpecuniary losses may not be accurately calculated in terms of coins, but
for this reason alone, Courts do not decline to grant compensation and
the Courts have formulated certain parameters and devised principles for
evaluation or assessment of such general damages. Ordinarily in such
cases just, fair and reasonable compensation is assessed and awarded to
the victim. From the preponderance of authorities on this issue of
quantification, it emerges that there is no yardstick or definite principle for
assessing damages in such cases and it becomes difficult to assess a fair
compensation. In these circumstances, it is the discretion of Court, which
may on facts of each case and considering how far society would deem it
to be a fair sum, determine the amount to be awarded to a person, who
has suffered such damage. The general damages are those, which law
will imply in very violation of legal rights. They need not be proved by strict
evidence as they arise by inference of law, even though no actual
pecuniary loss has been or can be shown. The vital canon followed by
judicial mind in such cases is that the conscience of Court should be
satisfied that damages awarded would, if not completely, satisfactorily
compensate the aggrieved party. However, adequate care should be
taken in this regard while dilating on the quantum of awards and the
Courts should be vigilant to see that claim is not fanciful or remote, the
award should never rise to be reflective of lavish generosity and must also
obviously not dwindle down to be an indicator of abstemious parsimony,
but the Court should give the aggrieved party what it considers in all the
circumstances a fair and reasonable compensation for his loss.
While qualifying damages, Consumer Forums are requires to make an

attempt to serve the ends of justice so that compensation is awarded, in
Part I
21
.13
[Preamble]
an established case, which not only serves the purpose of recompensing
the individual but which also at the same times, aims to bring about a
qualitative change in the attitude of the service provider. Indeed,
calculation of damages depends on the facts and circumstances of each
case. No hard and fast rule can be laid down for universal application.... 69
entity means an organization that has a legal identity apart from its
members;
manufacturing a product means producing, fabricating,

constructing, designing, remanufacturing, reconditioning or refurbishing a
product;
Birds includes in animal. Now reverting back to the definition

as provided under Section 2(j) of Punjab Consumer Protection Act, 2005,
the word "animals" has been used in its generic/general sense, the word
"plants" or natural fruits and other raw products are also used with same
reference. This definition has not specifically been confined nor it
is further elaborated whether it applies only to quadruped or birds having
two legs and feathers. As the word "animal" is used in general sense,
therefore, as discussed above, birds includes the same... 70
69
70
22
Part I
.13
The word means is used to restrict the scope of the word to the
four corners what is stated in the clause and deprives it of any other
meaning that it may have in the English language. The word included on
the other hand, is used with a view to enlarging the meaning of the word,
by also clothing it with connotation given to it in the interpretation clause in
addition to the sense which it conveys in common parlance... 71
Word any. The word any has diversity of meaning and may be
employed to indicate all or every as well as some or one. Meaning of
the word any, in a given statute, depends on the context and subject
matter of the statute.72
.1.
The facilities of any kind . The word services has been defined in
very brief manner which includes the provision of any kind of facilities.
The facilities are defined the means by which the accomplishment of
anything is rendered more easy: in this sense usually in the pl. It is
pertinent to mention here that under Section 2(o) of Indian Consumer
Protection Act, 1986, the word services has been defined with detail,
however, in this Act the word facilities includes every sort of facility which
is given professionally.[ .60 & Error: Reference source not found]
University is not service provider. Nor the university was service
provider as envisaged in the provision of section 2(k) of PCPA 2005.73
Giving admission to the students by charging fees. However,
other part of education is namely running/ managing of schools/colleges/
institutions by recovering fees is, at present, undoubtedly for commercial
purpose. On occasions lakhs of Rupees are recovered from the students
before granting admission to a particular course, even though, the Course
71
72
73
Part I
23
.13
[Preamble]
is not recognized by the University or by the authority giving such
recognition.
Profession vs. Business. Profession has to be distinguished from

business or mare occupation. While in business, and to a certain
extent in occupation, there is a profit motive, profession is primarily a
service to society wherein earning is secondary or incidental. A student
who gets a professional degree by payment of capitation fee, once
qualified as professional, is likely to aim more at earning rather than
serving and that becomes a bane to society.74
On the basis of the above discussion we arrive at the following

conclusions:
74
24
Part I
.13
reasonably anticipated alteration or modification means a

change in a product that a product manufacturer should reasonably
expect to be made by an ordinary person in the same or similar
circumstances and a change arising from ordinary wear or tear, but does
not include
Comments
Supplemental jurisdiction. While enacting a law, legislature is
presumed to know the existing state of law. 75 The language of Section 3 is
proclamation which proclaims that this Act shall be in addition to and not
in derogation of the provisions of any other law for the time being in
force. It is evident from the language used in the Section 3 that the
legislature had knowledge of the provisions of other laws which might
conflict with the provision of this Act, therefore, Section 3 was enacted.
The beauty of this Act is that it not only protects the rights and interest of
the consumers created by it but also protects the rights created under
other laws for the time being in force. Therefore, for the determination of
standard of service [Sec. 14(1)] or of product [Sec. 30(c)] Act requires that
the standard should be so as it is required by the relevant law.
Additional and extended jurisdiction. In addition to what has

already been stated in the aforesaid case, we may observe that the
Consumer Protection Act, 1986 is a special Act having
additional/extended jurisdiction, particularly, when Section 3 seeks to
provide remedy under the Act in addition to other remedies provided
under other Acts unless there is a clear bar, as has been held by the
Supreme Court in a number of judgments including Fair Air Engineers
Pvt. Ltd. And Anr. v. N.K. Modi reported in (1996) 6 SCC 385, State of
Karnataka v. Vishwabharthi House Building Coop. Society and
Others reported in (2003) 2 SCC 412, CCI Chambers Coop. Hsg. Society
Ltd. v. Development Credit Bank Ltd. reported in (2003) 7 SCC 233
and Indochem Electronic and Another v. Additional Collector of Customs,
A.P. reported in (2006) 3 SCC 721. It has been observed by the Supreme
75
Part I
25
.13
[Preamble]
Court in all these cases that the Courts have to consider that the
Consumer Protection Act, 1986 confers additional jurisdiction upon
Consumer Forums and not their exclusion.76 The preamble of the Act
declares that it is an Act to provide for better protection of the interest of
consumers and for that purpose to make provision for the establishment
of consumer councils and other authorities for the settlement of
consumers disputes and matters connected therewith. In Section 3 of the
Act in clear and unambiguous terms it is stated that the provisions of 1986
Act shall be in addition to and not in derogation of the provisions of the
any other law for the time being in force.77
As per section 3 of the Act, as already stated above, the provisions of

the Act shall be in addition to and not in derogation to any other provisions
of any other law for the time being in force. Having due regard to the
scheme of the Act and purpose sought to be achieved to protect the
interest of the consumers, better the provisions are to be interpreted
broadly, positively and purposefully in the context of the present case give
meaning to additional/ extended jurisdiction, particularly when Section 3
seeks to provide remedy under the Act in addition to other remedies
provided under other Acts unless there is clear bar. 78
By reason of the provision of Section 3 of the Act it is evident that
remedies provided there under are not in derogation of those provided
under other laws. The said Act supplements and not supplants the
jurisdiction of the civil Court or other statutory authorities.
Disconnection of Gas Meter. No doubt no objection was raised at

the instance of present appellants questioning the jurisdiction of consumer
Court but since the consumer Court is not a Court of general jurisdiction,
therefore, it was its duty to examine the allegations contained in the
complaint in order to determine its jurisdiction. Prayer for cancellation
of sui gas bill and change of meter by no stretch of imagination
could have conferred jurisdiction upon the consumer Court as the
same falls outside the purview of consumer Court. 79 Perusal of claim
and written reply indicates that defendants had withdrawn services
76
77
78
79
26
Part I

.13
provided to claimant on 05.11.2012. It means that on that specific day
relation between parties as of consumer and services provider had
ceased to exist therefore, to my mind case does not fall under the ambit of
the Act. Even otherwise there is no allegation of defective services
provided by defendants and only allegation is about disconnection of gas
supply for which defendants had raised a specific plea. What I am able to
find out is that through this claim claimant desires restoration of gas
meter. In Messrs Sui Northern Gas Pipeline Limited Vs. Abdul Hameed
2012-CLD-1428 it was held by Honourable Lahore High Court in
almost similar circumstances that a Consumer Court has no jurisdiction
for cancellation of gas bill or change of gas meter as these remedies can
be availed only from the Court of general jurisdiction. 80.
Television fee by FESCO. Petitioner seeks to restrain FESCO

Faisalabad from receiving monthly television fee of Rs.60/- as petitioner
does not use any television set in his book shop.plea already been
accepted by the FESCO Authorities, therefore, petitioners claim is
accepted ex-parte and respondents claim about television fee from
petitioner is hereby found without any justification. The respondent shall
also refund payment of television fee wrongly received from the petitioner.
In addition, respondent shall also pay compensation of Rs.10,000/- for
causing physical and mental discomfort to the petitioner. 81
Determination of Jurisdiction. The only concern for the
determination of jurisdiction to decide the matter for this Court is as to
whether there is complaint about manufacturing or performance of the
product purchased either under the hire purchase agreement or obtained
on lease? As to whether any complaint regarding service providing by the
respondent as defined in section 2(4) of the Punjab consumer Protection
Act, 2005 exists?82
Mandatory injunction. There is another aspect of the case that
complaint has prayed that possession of the motorcycle be restored to
him from the respondent....I am afraid that this Court cannot pass any
such type of mandatory injunction which is exclusive domain of the Civil
Court. The relief prayed for as described above in any case cannot be
80
81
82
Part I
27
.13
[Preamble]
granted by the Consumer court under the enactment creating its
jurisdiction.83
High rates of interest. Whereby it was held that all dealers of Motor
Bikes while selling their Motor-Bikes to the customers/consumers on
installment basis charge high rate of profit/interest by mean of exploitation
which practice was disapproved and Punjab Govt. as well as Local Govt.
were asked to keep close vigilance, upon this kind of business in order to
fix the rate of interest nor more than 16 % in order to avoid exploitation of
the consumers/ customers, accordingly, while borrowing and relying upon
the same view this Court holds that any excessive amount of the interest
received by the respondents more than 16% must be returned to the
complainant.84
Insurance claim. Learned counsel for the respondents has pleaded
that article 121 and 122(3) of the insurance ordinance bars the jurisdiction
of this court as for the purpose of resolving controversy as proposition in
the instant complaint Special Tribunals have been constituted. I do agree
with the contention of the learned counsel for the respondents to this
extent that special tribunals have been constituted to resolve such like
controversies but at the same time Sec. 3 of PCP, Act, 2005 provides that
the provisions of this Act shall be in addition to and not in derogation of
the provisions of any other law for the time being in force. So the
contention of the learned counsel for the respondents regarding lack of
jurisdiction of this court is misconceived and is not sustainable in the eyes
of law.85 Cf. it is true that u/s 3 ibid, jurisdiction of this court is prima facie
not barred after all the Punjab Consumer Protection Act 2005 is a
Provincial statute while the Insurance Ordinance 2000 is Federal law,
therefore, the provisions of former law should yield to the provisions of
latter law. There also seems force in respondentss contention that when
provisions of any provincial law like Punjab Consumer Protection Act
2005 are to conflict with those of Federal law as the Insurance Ordinance
2000, Federal law should prevail over the former law i.e. Provincial
statute. It is also principle of interpretation of statutes that if any law is
amenable to more than one interpretation, one consistent with the smooth
working of statute of statute and elimination of uncertainly, confusion and
contradiction should be adopted. For what has been discussed above,
83
84
85
28
Part I

.13
petition is returned for presentation to a court of competent jurisdiction as
this court lacks necessary jurisdiction to decide on parties controversy. 86
Installment and lease cases. During the arguments, it also came

into notice of this Court that numerous lease holders are running identical
business of motor-bikes/Motor-cars/Electronics, in Sialkot district and
other cities of Province, Like mushrooms, with the object to amass money
and to deprive consumers from huge amount but no authority is attending
or addressing this dreadful propensity/practice, accordingly, these
circumstances have not only emerged an alarming situation but has also
grown a perception in the mind of the Court to lay down some necessary
guidelines for curbing down this painful tendency, whereby motor-bike
dealers and retail shops offer motor-bikes/ electronic articles to
consumers/ customers and in turn earn sizable profit through undefined
and hidden terms i.e. various burdensome ghostlike and hidden charges
and on default of payments/ instalments by capturing the motor-bikes and
sell them to other customers, which has necessitated a well defined and
standardized procedure governed by rules under the cover of necessary
legislation or some rules and regulations parallel to settled by State Bank
of Pakistan; prevailing in consumer Banking, while keeping in view
following factors;
Part II
86
Part I
29
.13

Section 4 provides that a product shall be defective if;
(i)
Section 5;
[Preamble]
it is defective in construction or composition as provided in
The law of products liability is that body of common and statutory

law permitting money reparation for substandard conduct of others
resulting in product-related injury to the injured partys person or
property. Resistance to the description to products liability as a
doctrine having receded, there is today a guiding tenet in the law of
product related injury that is the distillate of seventy years of
decisional law. The birth of the doctrine can be dated at 1916, the
publication of the immensely influential decision in MacPherson v.
Buick Motor Co. [217 N.Y. 382, 111 N.E. 1050 (1916), in which the
New York Court of Appeal held that the manufacturer of any product
capable of serious harm if incautiously made owed a duty of care in
the design, inspection, and fabrication of the product, a duty owed
not only to the immediate purchaser but to all persons who might
foreseeably come into contact with the product. Following
MacPherson, the doctrine as formed by decisions of the ensuing
decades is that a buyer, user, consumer or bystander in proximity to
an unreasonably dangerous product, and who is injured in person or
in property by its dangerous propensities, may recover in damages
from the manufacturer or intermediate seller. M. Staurt Madden,
Product Liability 1.1, at (2d ed. 1988)87
History of strict products liability. Rather than focus on the
behavior of the manufacturer (as in negligence), strict liability claims focus
on the product itself. Under strict liability, the manufacturer is liable if the
product is defective, even if the manufacturer was not negligent in making
that product defective.
87
30
Part I
.13
In Greenman, Traynor cited to his own earlier concurrence

in Escola v. Coca-Cola Bottling Co., 24 Cal. 2d 453, 462, (1944)
(Traynor, J., concurring). In Escola, now widely recognized as a landmark
case in American law, Justice Traynor laid the foundation
for Greenman with these words:
Since then, many jurisdictions have been swayed by Justice

Traynor's arguments on behalf of the strict liability rule
in Escola, Greenman, and subsequent cases. In the 40 years
after Greenman, the highest courts of nearly all U.S. states and territories
followed California's example in imposing strict liability on manufacturers,
distributors, and retailers for defective products. In a landmark 1986
decision, the U.S. Supreme Court embraced strict liability for defective
products by adopting it as part of federal admiralty law.88
Meanwhile, although the Greenman rule was transmitted to most
other states via Section 402A of the Restatement of Torts,
Second (published in 1964 after Greenman), the Supreme Court of
California refused to adopt Section 402A's "unreasonably dangerous"
limitation upon strict liability in 1972. 89 Thus, strict liability in California is
truly strict, in that the plaintiff need not show that the defect was
unreasonable or dangerous. On the other hand, in California, the
defendant is allowed to introduce evidence in a strict products liability
action that the plaintiff contributed to his or her own injuries. 90
Consumer protection and product liability. In addition to the
above common law claims, many states have enacted consumer
protection statutes providing for specific remedies for a variety of product
defects. Statutory remedies are often provided for defects which merely
render the product unusable (and hence cause economic injury) but do
not cause physical injury or damage to other property; the "economic loss
rule" means that strict liability is generally unavailable for products that
damage only themselves. The best known examples of consumer
88
89
90
Part I
31
.13
[Preamble]
protection laws for product defects are lemon laws, which became
widespread because automobiles are often an American citizen's
second-largest investment after buying a home.
Product liability outside of the United States. In the rest of the

world, legislatures took the lead in imposing strict liability for defective
products. The judiciaries of several countries rejected attempts by
creative lawyers to persuade them to adopt the Greenman holding,
including Canada and South Africa.
made
Enterprise liability. 1. Liability imposed on each member of an
industry responsible for manufacturing a harmful or defective product,
allotted by each manufacturers market share of the industry. 2. Criminal
liability imposed on a business (such as a corporation or partnership) for
certain offenses for which the legislature specifically intended to impose
criminal sanctions.91
Defective in construction or composition . A product shall be

defective in construction or composition if, at the time the product was
manufactured, a material deviation was made from the manufacturers
own specifications, whether known to the consumer or not.
Proof of manufacturers knowledge. (1) Notwithstanding

anything contained in section 6, a manufacturer of a product shall not be
liable for damage proximately caused by a characteristic of products
design if the manufacturer proves that at the time the product left his
control
91
32
Part I

.13
(a) he did not know and, in the light of the then existing and
reasonably available scientific and technological knowledge, could not
have known the design characteristic that caused the damage or the
danger of such characteristic; or
(b) he did not know and, in the light of the then existing and
reasonably available scientific and technological knowledge, could not
have known of the alternative design identified by the consumer under
section 6 (1); or
(c) the alternative design identified by the consumer under section
6 (1) was not feasible in the light of the then existing and reasonably
available scientific and technological knowledge or then existing economic
practicality.
(2) Notwithstanding anything contained in section 7(1) or 7(2), a
manufacturer of a product shall not be liable for damage if the
manufacturer proves that, at the time the product left his control, he did
not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known of the
characteristic that caused the damage or the danger of such
characteristic.
Restriction on grant of damages. Where the consumer has not

suffered any damage from the product except the loss of utility, the
manufacturer shall not be liable for any damages except a return of the
consideration or a part thereof and the costs.
Duty of disclosure. (1) Where the nature of the product is such

that the disclosure of its component parts, ingredients, quality 92, or date of
manufacture and expiry is material to the decision of the consumer to
enter into a contract for sale, the manufacturer shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the
Government may, by general or special order, require such disclosure in
any particular case.
92
Part I
33
.13
[Preamble]
Life of a product. It is universal principle that no one can be a judge

of his cause. In the same way a manufacturer cannot decide, how long a
product remains good for consumption or how long is the life of a product;
therefore, the manufacturer should get the life of a product determined
from the Authority concerned. As time passes so the quality of a good or
product decreases. Although there are some products which do not expire
or become injurious or hazardous, even the manufacturing date is expired
yet the quality and effects of that products decrease. It is better for safety
of the consumers that every product should be approved by the
concerned Authority. In this regard the services of Pakistan Standards
and Quality Control Authority should be acquired.[See.Error: Reference
source not found]
Date of manufacturing Although the dates are stampedbut the
words of manufacturing and expiry are not mentioned thereon. Therefore,
the respondents are directed to mention these words on the large
packets on the small packets. 93 The Authority is directed to check the
market and submit his report about the available stock in market whether
the respondents are complying the section 11 ibid. 94
Duty of disclosure This Court is constrained to express that after the
promulgation of public welfare Act in the name of Consumer Protection
Act, 2005 every trader, businessman, manufacturer, shopkeeper and
service provider is bound to disclose every fault defect or low quality, low
grade, composition, style as well as model of the product/service,
purchased/ hired by the consumer for its use, at the time of transaction. 95
Prohibition on exclusions from liability . The liability of a

person by virtue of this part to a consumer who has suffered damage shall
not be limited or excluded by the terms of any contract or by any notice.
Comments
93
94
95
34
Part I
.13
Services provded by Federation. According to which the services

rendered and regulated by Federal Government also lie within the orbit
and jurisdiction of this court.96
Comments
Disconnection of telephone due to non delivery of bill. In this

case telephone service to complainant although one way was
disconnected for non payment of the bill and it has been established that
the bill was not dispatched to the complainant, due to fault in itw own
system, it amount to deficiency in service.97
Defeciency in medical service. Deficiency in service by a medical
professional implies failure of a reasonable degree of skill, knowledge and
care on the part of medical expert while treating the patient. The duties
which a doctor owes to his patient are clear. A person who holds himself
out ready to give medical advice and treatment impliedly undertakes that
he is possessed of skill and knowledge for the purpose 98...
Charge of professional negligence. A charge of professional
negligence against a medical man is serious. It stands on a different
footing to a charge of negligence against the driver of motor car. The
consequences are far more serious. It affects his professional status and
reputation. The burden of proof correspondingly greater 99...
Stages of treatment. There are four stages in the treatment of a
patient where a doctor acts with a reasonable degree of skill, care and
knowledge. These are (a) ascertaining the history of the case;( b)
investigations of the case both clinically and laboratory and other tests; (c)
giving treatment; and finally (d) the follow up of the case. The skill of
medical practitioner differs from doctor to doctor. 100
96
97
98
99
100
Part I
35
.13
[Preamble]
Res ipsa loquitur. The Honble Supreme Court has said on the
subject of medical negligence in the often cited judgment in the case
of Jacob Mathew v. State of Punjab And Anr. (2005) 6 SCC 1. In para-26,
it has been stated as under:-
In Jacob Mathew v. State of Punjab (2005) 6 SCC 1, a three-Judge Bench,

considered the question whether charges could be framed against the
appellant under Section 304A read with Section 34 of the Indian Penal Code
on the allegation of negligence. The three-Judge Bench highlighted the
jurisprudential distinction between civil and criminal liability in cases of
medical negligence, considered various facets of negligence by professionals
and laid down several propositions including the following:
In Martin F. D'Souza v. Mohd. Ishfaq (2009) 3 SCC 1, a two-Judge

Bench referred to the judgment in Jacob Mathew's case and proceeded to
equate criminal complaint against doctor or hospital with a complaint filed
under the Act. This is evident from para 106 of the judgment, which is
extracted below:
In V. Kishan Rao v. Nikhil Super Specialty Hospital and another
(2010) 5 SCC 513, the Court noted that the proposition laid down in Martin
D'Souza's case is contrary to the three-Judge Bench judgment in Jacob
Mathew's case and observed:
36
Part I

.13
Bolam test for determination of medical negligence. The above
findings of fact have to be seen with reference to the law on the
subject. The Complainant himself refers to the Bolam test for
determination of medical negligence. It came in a decision by McNair J.
in Bolam Vs. Friern Hospital Management Committee [1957] 1 WLR
258, in the following wordsDoctors and nursing homes/hospitals need not be unduly worried.
Loss of limbs or life can hardly be weighed in golden scales.

While we may not agree with the quantum of compensation as claimed by
the Complainants, the need would still remain to arrive at an amount,
which is just and reasonable in the facts and circumstances of the present
case. While considering such a situation in State of Haryana
Vs. JasbirKaur, (2003) 7 SCC 484, Honble Supreme Court has observed
that:Determination of negligence by a medical practitioner.
In V. Kishan Rao Vs. Nikhil Super Specialty Hospital & Anr. (2010) 5 SCC
513, the
question
of
expert
evidence
came
up
for
consideration. Honble Supreme Court held that:Consent for the surgery. As regards the third issue of consent for
the surgery, the law on the subject has been laid down by the Apex Court
in its judgment dated 16.01.2008 in the case of Samira Kohli vs Dr.
Prabha Manchanda [(2008) 2 SCC 1]:
Part I
37
.13

[Preamble]
Some relevant decisions on the issue of medical negligence.
It is to be accepted that every surgical operation involves risk. When a
person who is ill and is going to be treated in a hospital no matter what
care is taken, there always exists some risk. Simply because a mishap
had occurred, neither the hospital nor the doctors cannot be made
liable. A doctor is not guilty of negligence if he has acted in accordance
with the practice accepted as proper by a responsible body of medical
men skilled in that particular art.
38
Part I
.13
Restriction on grant of damages . Where the consumer has

not suffered any damages from the provision of service except lack of
benefit, the service provider shall not be liable for any damages except
a return of the consideration or a part thereof and the costs.
Duty of disclosure. (1) Where the nature of the service is such

that the disclosure of the capabilities or qualifications of the provider of
the service or the quality of the products that he intends to use for
provision of the service is material to the decision of the consumer to
enter into a contract for provision of services, the provider of services
shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the
Government may, by general or special order, require such disclosure
in any case.
Comments
The saying of Holy Prophet about service. Whoso gives a
medicine, being not known in medicine, shall be held responsible (for
the result).Amru b. Shuayb, Abu Daud.101 In the lights of this
injunction and context of this Act, it is cleared that non-professional
persons shall be responsible for the results only the professionals are
supposed to know the result of a thing, unless proved contrary. Our
society is full with quacks and they are making money; and the
professional are starving. The Act also protects and promotes the
interests of the professionals [] and creates conducive environment for
healthy competition in the market.
Over-night courier delivery. What had persuaded claimant to
engage defendant, it was over-night delivery.Admittedly, defendant
had declared and still says with regard to quality for provision of
services as over-night hence said quality was material for claimant to its
101
Part I
39
.13
[Preamble]
decision for hiring the services. What had to be end of these
services?....If there was a failure on part of defendant to provide this
standard, then question of defective or faulty services shall definitely
arise irrespective of the fact that what was inside the parcel. However,
there can be instances where services provider can claim that
circumstances were such that those were beyond human control and
for that examples can be like that a courier met serious accident or
there was fire in the office of services provider which resulted into
destruction of every material or there was a crash of plane through
which bags of parcels were being sent to their respective destinations.
These events can be good defenses. In this case, as disclosed earlier,
there is a specific version of defendant which if is accepted then
claimant shall have no case otherwise position shall remain that
defendant could not provide services of standard and quality which it
had announced.102
Prohibition on exclusions from liability .The liability of a

person by virtue of this Part to a person who has suffered damage shall
not be limited or excluded by the terms of any contract or by any notice.
Comments
Part IV
Comments
Return and refund policy. Return and refund policy of a seller

shall be disclosed to the buyer clearly before the transaction is
completed by means of a sign at the point of purchase.
Sayings of Holy Prophet . Abu Hurairah reported from the
messenger of Allah who said: The two (seller and buyer) must not
part away except by mutual consent.Abu Daud.103 Hakim-b-Hizam
reported that the Messenger of Allah said: The buyer and seller have
got option so long as they do not part away. If they speak the truth and
disclose (defect), they are blessed in their sale transaction, and if they
conceal and speak falsely, the blessing of their sale is decreased.
Agreed.104
Part V
102
103
104
40
Part I

Comments
.13
Prohibition on bait advertisement. (1) No person shall, in

trade, advertise or supply at a specified price products or services
which that person
(a) does not intend to offer for supply; or
(b) does not have reasonable grounds for believing that they can
be supplied at that price for a period that is, and in quantities that are,
reasonable having regard to the nature of the market in which the
person carries on business and the nature of the advertisement.
(2) Any person who has advertised products or services for supply
at a specified price shall offer such products or services for supply at
that price for a period that is, and in quantities that are reasonable
having regard to the nature of the market in which the person carries on
business and the nature of the advertisement.
Part VI
THE POWERS OF THE AUTHORITY
Comments
Reference from Authority. DCO/Authority through DDO(Health)
Sahiwal sent a reference/ claim U/s 23 (4) of the PCP Act with
allegation that the respondent being quack was involved in illegal
medical practice and some allopathic medicines were recovered during
inspection of his clinic.105
Direction to functionaries. Food Inspect Health Department
Gujranwala is directed to submit his monthly inspection report regarding
quality and standard of food served by the respondent and also about
the hygiene of kitchen of the respondents restaurant to this Court. 106
107
[23-A. Powers of Government. (1) The Government may, by
general or special order and subject to such conditions as may be
prescribed, exercise all or any of the powers conferred upon the
Authority under this Act except the power of imposition of fine under
section 23(1).
(2) The Government may, from time to time, issue directions to the
Authority with regard to the performance of the functions of the
Authority under this Act.
105
106
107
Part I
41
.13

[Preamble]
(3) The Government may, at any stage, modify or set aside any
order or action of the Authority subject to such condition or conditions
as it may deem fit.]
Part VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER
COURTS
Filing of Claims. A claim for damages arising out of contravention
of any provisions of this Act shall be filed before a Consumer Court set
up under this Act.108
Comments
Claims and complaint. That a consumer who suffers from
damage has two option under the Act i.e. (i) U/s 23 to file complaint
before the Authority that will conduct an inquiry and if satisfies, may file
claims under rule 11 of the PCPR, 2009 read with Sec. 28 of the Act;
(ii) to file claims for damages U/s 25 of the Act. Unlike other Consumer
Acts this Act does not confer right upon any person to file a complaint
against a manufacturer or service provider in the Consumer Court
unless that person has suffered damage.
Establishment of Consumer Courts. (1) The Government

shall, by notification, establish one or more separate Consumer
Courts 109[for an area, comprising one or more districts] to exercise
jurisdiction and powers under this Act.
(2) A Consumer Court shall consist of a District Judge 110[or an
Additional District Judge] to be appointed by the Government in
consultation with the Lahore High Court.
(3) The terms and conditions of service of 111[the District Judge or
the Additional District Judge] appointed under sub-section (2) shall be
such as may be prescribed.
Comments
Establishment of Consumer Court in each District. At first it
was intended by the legislature that in each district the Consumer Court
shall be established. Later on an amendment 2006 Act was introduced
whereby the Consumer Court could be established for an area
comprising one or more districts.
108
109
110
111
42
Part I

.13
Now the amended Section 26 has some similarity with the Section
9 of the Indian Consumer Protection Act, 1986. It will be useful to
reproduce the section before any further discussion which is as under;
9.
Establishment of Consumer Disputes Redressal Agencies. There shall be established for the purposes of this Act, the following
agencies, namely:
(a) a Consumer Disputes Redressal Forum to be known as
the "District Forum" established by the State Government in each
district of the State by notification:
Provided that the State Government may, if it deems fit,
establish more than one District Forum in a district.
Like in Punjab, Pakistan; in India consumer courts were not
established in each District of the State. In that situation the Supreme
Court of India passed the order in Common Cause, A Registered
Society v. Union of India and Ors., which is as under;
Direction by Supreme Court of India for establishment of
Consumer Court in every District. A copy of this order will be sent
to the Chief Secretary of each State Government/ U.T. administration to
take steps to meet with its statutory obligations under the Act within the
above time-frame [one year] with a view to ensuring that the interest of
the consumers is fully protected. Needless to point out that more than
sufficient time has been allowed to the State Governments/ U.Ts. to
fulfill their statutory obligation of setting up a District Forum in every
district as envisaged by section 9 of the Act and the concerned
Government will now be alive to its responsibility to do so within the
time extended hereby.112
Primary duty of the court. Since the court in which claim was
lodged was constituted under special statute and, therefore, question of
jurisdiction was required to be examined by learned trial court while
remaining in the four corners of the statute which aspect was totally
ignored. The grievance undeniably was to be decided by court of ultimate
jurisdiction.113 Court being Court of law is bound to look into the legality
and genuineness of the claim viz-a- viz rising of a cause of action or
jurisdiction of this court. No doubt the disputed device is purchased from
112
113
Part I
43
.13
[Preamble]
the area of Rawalpindi but as revealed from the averment of the complaint
and deposition of consumer-complaintthe disputed device became
ineffective within the area of Sialkot and thus, cause of action in favour of
consumer-complainant arose within the jurisdiction of this Court, hence,
this court is competent to exercise its jurisdiction in this matter. 114
28. Settlement of Claims. (1) A consumer who has suffered

damage, or Authority115 in other cases, shall, by written notice, call
upon a manufacturer or provider of services that a product or
service is defective or faulty, or the conduct of the manufacturer or
service provider is in contravention of the provisions of this Act
and he should remedy the defects or give damages where the
consumer has suffered damage, or cease to contravene the
provisions of this Act.
(2) The manufacturer or service provider shall, within fifteen
days of the receipt of the notice, reply thereto.
(3) No claim shall be entertained by a Consumer Court unless
the consumer or the Authority has given notice under sub-section
(1) and provides proof that the notice was duly delivered but the
manufacturer or service provider has not responded thereto.
(4) A claim by the consumer or the Authority shall be filed
within thirty days of the arising of the cause of action:
Provided that the Consumer Court, having jurisdiction to hear
the claim, may allow a claim to be filed after thirty days within
such time as it may allow if it is satisfied that there was sufficient
cause for not filing the complaint within the specified period:
Provided further that such extension shall not
beyond a period of sixty days from the expiry of the
guarantee period specified by the manufacturer
provider and if no period is specified one year from
purchase of the products or providing of services.
be allowed
warranty or
or service
the date of
Comments
Scope of Section 28. The Section 28 has been much debating

Section in various judgments. The language of the Section 28 is
ambiguous and unclear with regard to the question of limitation.
114
115
44
See. Rule 11Authority can file claim on behalf of the public...
Part I

.13
Therefore, it is the requirement of this section that it should be read with
the help of the celebrated principles of the interpretation of statutes [Error: Reference source not found]. It is also the settled principle of
interpretation of statute that public welfare statutes should be interpreted
liberally [ and Error: Reference source not found]. On the basis of the
celebrated principles of the interpretation of statutes the Section. 28 can
be seen from different angles.
(i)
Absolute liability. It is the settled principle of the
interpretation of statutes that the statute should be considered as
whole [Error: Reference source not found]. Since Section 28 is
unclear and ambiguous, therefore, whole statute should be
considered. Therefore, while reading Section 12 and Section 17
one view can be that the liabilities by virtue of Part-II [Sec. 12] and
Part-III [Sec.17], neither can be excluded nor can be extinguished
nor can be subjected to any limitation period the liabilities are
absolute and it cannot extinct by virtue of limitation period.
(ii)
Collective interests. The second view may be that
Section 28 shall not apply in those cases where collective interests
are involved [Error: Reference source not found]. The reason is that
the Consumer Court can pass both compensatory and protective
order [Error: Reference source not found-Error: Reference source
not found]. While reading the Section 12 with Section 17 with
Section 29(iii) and with Section Sec.30(d),(h),(i) and (j) it seems
that the claim in which collective rights are involved cannot be
settled, but shall be decided on merit, therefore, section 28 is not
applicable where the other prospective consumers are likely to
suffer irreparable loss of any kind.
(iii) Settlement of claims. Heading of section is regarded as
preamble of the section []. The third view may be that Section 28
provides procedure for settlement of claims, however, claims
wherein physical interest of the prospective consumers are likely to
suffer and they are likely to suffer irreparable loss then Section 28
shall not apply [See. Examples, Error: Reference source not found].
The Consumer can approach to the Consumer Court directly
without giving any notice to the respondent etc. and request to pass
appropriate protective orders [Error: Reference source not found].
(iv)
Conditional right. The forth view may be that the Consumer
always has conditional right to file claims and get absolute right to file
the claims in the Consumer Court when the respondent did not reply
to the legal notice of the Consumer. The Act requires the settlement of
the claims through informal procedure [Error: Reference source not
Part I
45
.13

[Preamble]
found], therefore, the fifteen days legal notice is necessary
requirement. Fifteen days legal notice is necessary to qualify for filing
the claims in the Consumer Court. If the respondent does not reply to
the notice of the respondent then the claimant acquires the absolute
right/ cause of action to file claim in the Consumer Court. [Error:
Reference source not found]
(v)
Section 28(4) and (3). The fifth view may be that Section
28(3) is mandatory [Error: Reference source not found] for
settlement of claims, however, Section 28(4) is not mandatory but
directory [Error: Reference source not found]. The reason of
Section 28(3) is to settle the claims out of the Court [].
(vi) Defence of the respondent. The sixth view may be that
manufacturer or service provider has only one reasonable defence
i.e. that the product or service is not defective or faulty and the
same is not in violation of the Act [Error: Reference source not
found]. The Consumer Court can exercise its power even in time
barred claims and can pass protective orders [Error: Reference
source not found].
(vii) Penal and remedial liabilities. The seventh view is that
Section 28 can be applicable with regard to the remedial liabilities []
in case of individual claims, however, Section 28 cannot be
applicable with regard to the penal liabilities [Error: Reference
source not found].
(viii) Technical interpretation. The eighth view may be that the
Section 28 should be interpreted liberally instead of technically []. A
dismissal of claim on ground of non filing the application for
condonation of delay at the time of filing of the claim may be technical
one. Party may be given opportunity to express the reason for
condonation of delay. Technical interpretation would discourage a
common person to follow the case in the Consumer Court. Lex
succurrit ignorant; the law assists the ignorant. It is not possible for
low income consumer116 [See. Article Error: Reference source not
found Error: Reference source not found ] to hire the services of a
lawyer. The technical interpretation further demote instead of to
promote and protect the right and interest of the consumer [See.
Preamble].
116
Governments should establish or maintain legal and/or administrative measures to

enable consumers or, as appropriate, relevant organizations to obtain redress through
formal or informal procedures that are expeditious, fair, inexpensive and accessible. Such
procedures should take particular account of the needs of low-income consumers. Article
28 of the UN Guidelines, 1985.
46
Part I

.13
Cause of action. It will not be wrong to say that PCPA, 2005
hinges upon the word cause of action. This is the section which is
ambiguous and unambiguous at the same time. Therefore, while reading
this Section established rules of interpretation [-Error: Reference source
not found] must be considered. Moreover, it is necessary to look at the
meanings of cause of action which are as following:
Claim. The word claim may be used as synonymous with cause of

action, but ordinarily it is a broad, comprehensive word, embracing every
specie of legal demand.117 A cause of action embraces the facts which it
is necessary to establish in order to sustain a claim for judicial relief. 118
Under federal rules, term action does not mean cause of action which
substituted by the word claim. 119 A cause of action is the matter for
which an action may be brought and embraces the fact which it is
necessary to establish in order to sustain a claim for judicial relief. 120
Duty and breach. To constitute a cause of action there must be a
duty to be performed, a right to be enforced, and a failure or refusal to
perform, or an infringement of the right. 121 A cause of action, as defined
with reference to its elements, consists of a primary right of plaintiff, a
corresponding duty of defendant, and a wrong by defendant in breach of
such right and duty.122
Facts giving right of action. A cause of action comprises every
fact necessary to the right of relief prayed for. 123 A cause of action is the
existence of those facts which give a party a right to judicial interference
of his behalf.124 The right of action is merely the right to pursue a
remedy, and the cause of action is the concurrence of the facts giving
rise to an enforceable claim.125 A cause of action does not consist of
facts, but of the unlawful violation of a right shown by the facts. The same
facts may manifest the violation of separate and distinct legal rights each
giving rise to a separate cause of action. 126 A cause of action, as that
term is used in the venue statute, consists both of the right of the plaintiff
and the injury to such right. It embraces the entire state of facts that give
117
Word and Phrases. pg. 596.

Ibid. pg. 595.
119
Ibid
120
Ibid
121
Ibid
122
Ibid
123
Word and Phrases. pg. 601
124
Ibid. pg. 601
125
Ibid. pg. 603
126
Ibid
118
Part I
47
.13
[Preamble]
rise to an enforceable claim and necessarily comprises every fact which a
plaintiff must prove in order to obtain judgment. 127
Procedure for Settlement
Figure 1
Usual procedure for settlement. Jus constitui oportet in his

quae ut plurimum accident, non que ex inopinato. Law ought to be
made with a view to the cases that happen most frequently, and not to
those that are unexpected. The common practice is that in case of any
faulty service or defective product the consumer goes to the service
provider/ manufacturer and demand redress/ settlement of his grievance/
claim and in response three situations arise; (i) service provider/
manufacturer concedes the claim of the consumer and promise to
resolve/ settle the same or requires time for the same; (ii) service
provider/ manufacturer straight away denies the claim of the consumer
and gives cold shoulder to him; (iii) delays in resolving the grievance
/claim of the consumer or denies.[See. Error: Reference source not found]
127
48
Ibid. pg. 604
Part I

.13
The reason of Section 28(3). The reason of the Sec. 28(3) can be
understood with the help of Article 28 of the Guidelines [Error: Reference
source not found] which requires to enable consumers, as appropriate,
relevant organization to obtain redress through formal and informal
procedures that are expeditious, fair, inexpensive and accessible. Such
procedure should take particular account of the needs of low-income
consumers. The purpose of the Sec. 28 is first to enable the consumers
to obtain redress through informal procedure [Error: Reference source
not found] and if they fail then to obtain redress through formal procedure
[Error: Reference source not found]. The informal procedure is one of the
main purposes of this Act i.e. expeditious, fair, inexpensive and
accessible procedure to obtain the redress. Similarly Article 37(d) of The
Constitution of the Islamic Republic of Pakistan 1973 also requires the
inexpensive and expeditious justice for promotion of social justice and
eradication of social evils.
It is settled principle of interpretation of statutes that the law should

be considered as whole [Error: Reference source not found and ] and
harmonious construction should be given preference in order to avoid
conflict of provision of statuteevery provision of statute should be given
effect [Error: Reference source not found]. Section 28(4) should be read
with section 12 and 17 which prohibits on exclusions of liability where a
consumer has suffered damage. Therefore, while reading Section 12 and
17 with Section 28(4) it appears that the Section 28(4) is directory. The
consequence [Error: Reference source not found] of the dismissal of
claims due to non compliance of section 28(4) makes the sections 12 and
17 ineffective and frustrates the basic purpose of the Act i.e., promotion
and protection of the rights and interest of the consumers [,Error:
Reference source not found,Error: Reference source not found and
Preamble]. In other words to dismiss the claim under section 28(4) may
equal to appreciate the respondent, so that he can further infringe the
rights of the prospective consumers. The philosophy of the law of
limitation is that with the passage of time valuable rights are accrued to
some other persons. However, in the Act no such valuable right accrues
to such person who plays with the health, life, safety and economic
interest of the consumers/ population.
The Act protects the rights of the consumers which was termed as
population in the Guidelines [See. Article 1 Error: Reference source not
Part I
49
.13
[Preamble]
found]. Therefore, the Act prohibits from exclusion of liability [See.
Section. 12 & 17]. Moreover, the infringement of the liabilities is
punishable with fine and imprisonment [Sec. 32], hence the violation of
this Act is crime [Error: Reference source not found].
Justice is the attribute of Almighty Allah 128 and Ayat 57 Sura 3

proclaims that Allah does not like the transgressor (Zalemeen)129
. Ayat 279 Sura 2 lays down the principle La Tazleimoona wa la
tazlamoon i.e. NEITHER DO A WRONG (ZULM) NOR BE WRONGED 130
. Therefore, a person who is a transgressor who acts against
the laws and Maqasid-e-Shariah must be condemned and such person
should not be set free on ground of technicalities or limitation.
The Act is the welfare and beneficent legislation, therefore, liberal
rule of interpretation; [ &Error: Reference source not found] nonavailability of the District Court in each District; [] and thereby
inconvenience which is faced by the consumers [Error: Reference source
not found] should be kept in mind while interpreting the Act. Besides the
ignorance of the consumers from this welfare piece of legislation should
also be considered in order to promote and protect the rights and
interest of the consumers.
15 days notice. I am in agreement with learned counsels for

defendants that sub-section 2 and 3 are to be read together and not in
isolation. Sub-section 1 of section 28 imposes a condition on consumer to
call upon other side by written notice to remedy the defects etc. Subsection 2 than gives right to a defendant which is for responding to a
notice within fifteen days. Sub-section 3 however relates to Court as well
as claimant simultaneously. This provision in fact restrains consumer
Court to entertain a claim unless claimant qualifies at least three
conditions and those are: (i)
Giving a notice under subsection-1 to manufacturer or
services provider
(ii)
services
Provision of proof about delivery of notice to manufacturer or
128
129
130
50
Part I
.13
Cause of action. I am of the view that if case of the complainant is

considered falling under subsection 4 where the maximum period for filing
the claim has been mentioned as 30 days from arising of the cause of
action, even then, the case is not out of time. The term cause of action
has not been defined in the Punjab Consumer Protection act, 2005. So
much so this term even has not been defined in the Code of Civil
Procedure. However, according to one authoritative judgment, cause of
action means bundle of facts necessitating the institution of case. After all,
cause of action is not something irreversible fixed or immutable or static. It
has often been held by the law Courts that some cause of action are reoccurring causes of action i.e. which accrues on the accrual of resistance
from the other side. In the context of cause of action concerning
immovable property it has been repeatedly held that every fresh denial of
right from the side of defendant furnishes the plaintiff with a fresh cause of
action.In this case cause of action firstly accrued in the 6 th week of the
date of purchase of refrigerator when sister of the complainant received
an electric shock while using the refrigerator. It continued and during this
continuation the unfortunate lady met with fatal accident and even after
her burial cause of action remained continue and so much so during
pendency of case it is continued when the refrigerator was examined by
the expert on the direction of the Court and detected the leakage of
electricity current in the same, therefore, objection of the learned counsel
for the respondents is not tenable as such the complaint held within
time.131
Extention of time denied. No doubt the limitation can be extended
by the Court if satisfied that there was sufficient cause for not filing the
complaint within prescribed period but no such sufficient has been shown
in the complaint or in the evidence produced by the complainant, as such
question of extension of limitation period does not arise in the
circumstances of this case.132 When section 28 (ibid) is read as a whole
there remains no ambiguity to hold that a claim must be filed within period
of thirty days because last proviso in fact qualifies earlier proviso where
discretion has been given to a Court for extension of time after thirty days.
If a party desires extension on any reason for that there must be a written
application before Court with grounds showing sufficient cause for delay.
131
132
Part I
51
.13
[Preamble]
No petition whatsoever seeking extension has been submitted so
question also does not arise for this relief. 133
Extention of time granted. After sending of legal notice the

complainant had to wait for 15 days till 20-08-2010 to file the complaint
before Consumer Court. It is in the evidence of complainant on that... 2909-2010 after performance of Umrah by the complainant.Hence the
case of complainant falls under 2nd proviso of Section 28(4) of Act ibid and
the case of the complainant is well within time. 134
Application for condonation of delay. No doubt in view of the
proviso of section 28 (4) of The Act, Consumer Court may allow a claim to
file after thirty days, if it is satisfied that there was sufficient cause for not
filing the complaint within specified period but no such application was
made for condonation of delay and as such the complaint before the
learned trial Court was barred by time. 135 Filing of complaint with this delay
has not been explained by the complainant in the complaint, no sufficient
cause has been advanced for the same. Even an application for
condonation of delay has not been annexed with the complaint.
Irrespective of the other legal objections the complaint on this score alone
is not entertainable.136 It was significant to mention that in the claim, no
reasonable cause was shown for approaching the court with delay of
about 02 months. No application for condonation of delay was ever filed
by the claimant. Therefore, period of limitation cannot be extended.
Consequently, the claim is held to be barred by time. 137 The claimant has
failed to give any reasonable cause persuading this court to extent the
period of limitation. The claim is therefore held to be barred by time. The
application for condonation of delay and the main claim both are hereby
dismissed.138 It was another fact to be taken into account that neither the
claimant provided any reasonable cause in filing the claim with delay in
the claim nor any separate application for condonation of delay was
annexed therewith nor the learned counsel for the claimant could satisfy
the court during arguments regarding any cause preventing him to
approach this court well within time. Therefore, there is no justification to
exercise discretion of the court as laid down in proviso clause of section
28.139
133
134
135
136
137
138
139
52
Part I

.13
Non-impleading the responsible. According to section 28 (1) of
the Act, a consumer is required to serve the manufacturer or provider of
services with a notice regarding defectiveness of product or faulty of
service. Subsection 3 of the said section suggests that no claim shall be
entertained by the Consumer Court unless the consumer or authority has
given notice under subsection (1) to the manufacturer or provider as the
case may be. Perusal of record of learned trial Court though suggests that
notice was issued under the said provision of law to(dealer) but
nevertheless there is nothing on record to suggest issuance of notice to
the present appellant and as such the claim against the appellant was not
entertainable by the learned trial Court. It is to be noted that initially the
appellant was not arrayed as respondent in the complaint, who was
arrayed on the application of respondent vide order dated 17.03.2009). 140
Secondly, the claimants did not impleaded Muhammad Sharif as party in
the case from whom in fact they purchased the seeds. It could not be
denied that due to non impleading correct parties, claim cannot be
dismissed and proper/ necessary party may be arrayed on later stage but
that would be futile exercise because if Muhammad Sharif and Sons is
impleaded as party now, the claim against them would patently/ definitely
be barred by limitation.141
Right to relinquish desired claim. Learned counsel for defendant

also contends that on 18.12.2012 except medicine in packet all other
articles were received by CMH and if claimant says that there was
defective and faulty services then why he did not make claim to the
extent of those articles which were received by CMHThis argument
has no force because claimant has a right to relinquish its claim to the
extent which he desires and such relinquishment shall not be fatal for his
remaining claim.142
Mixed question of fact and law. Needless to mention that
whenever any mixed question of fact and law is involved in any case, that
can be settled after recording evidence. However, where the question of
limitation can be decided from visible and admitted facts apparent from
the pleadings of the parties, then it can be decided after hearing the
parties and taking into account the contents of the pleadings. 143
Settlement at pretrial stage. Any party to the dispute may, at the

pretrial stage, make a firm written offer of settlement stating the amount
140
141
142
143
Part I
53
.13
[Preamble]
offered for settlement and if the offer is accepted by the opposing party,
the Consumer Court shall pass an order in terms of the settlement: 144
Provided that notwithstanding anything contained in any other law

for the time being in force, the party refusing the offer of settlement shall
pay actual costs of litigation, including lawyers fees, in case the final
order of the Consumer Court is passed against that party:
Provided further that the courts approval regarding settlement shall
be required in the following matters
(i) claims of a minor;
(ii) claims of a legally incapacitated person; and
(iii) claims involving collective rights.
(2) The Consumer Court shall, if the claim relates to any services,
(a) forward a copy of such claim to the defendant directing him
to file his written statement within a period of fifteen days or such
extended period not exceeding fifteen days as may be granted by the
Consumer Court; and
(b) on receipt of the written statement of the defendant, if any,
under clause (a), proceed to settle the dispute on the basis of evidence
produced by both the parties:
Provided that if the defendant does not deny or dispute the
allegations made in the complaint or fails to present his case within the
specified period, the dispute shall be settled on the basis of the evidence
brought by the claimant.
(3) For the purposes of this section, the Consumer Court shall
have the same powers as are vested in civil court under the Code of Civil
Procedure, 1908 (Act XX of 1908), while trying a suit, in respect of the
following matters, namely:(a) the summoning and enforcing attendance of any defendant
or witness and examining him on oath145;
144
145
54
Part I

.13
(b) the discovery and production of any document or other
material object which may be produced as evidence;
(c) the receiving of evidence on affidavits;

(d) issuing of any commission for the examination of any
witness; and
(e) any other matter which may be prescribed.
(4) Every proceeding before the Consumer Court shall be deemed
to be a judicial proceeding within the meaning of sections 193 and 228 of
the Pakistan Penal Code 1860 (Act XLV of 1860), and section 195 and
Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898):
Provided that the personal presence of the claimant before
the Consumer Court shall not be required till the defendant has put up
appearance before it.
(5) The Consumer Court shall decide the claim within six months
after the service of summons on the respondent.
Comments
Application of the Code of Civil Procedure. The matters
incorporated in Clauses (a) to (e) of Sub section (3) of S.30 of PCP Act,
2005 about which the powers given by the Code of Civil Procedure are to
be exercised by the consumer court relate to: the summoning and
enforcing attendance of any defendant or witness and examining him on
oath; the discovery and production of any document or other material
object which may be produced as evidence; the receiving of evidence on
affidavits; issuing of any commission for the examination of any witness;
and any other matter which may be prescribed. 146 Obvious meanings of
last portion of quoted law in clause (e) relating to any other matter which
may be prescribed is to the effect that the list contained in clauses (a) to
(d) is not exhaustive and any other matter may be prescribed in any
provision of the same law on which the powers under the code can be
exercised by the consumer court. My humble interpretation of the said
clause is to the effect that other principles and powers contained in the
said Code can also be used beneficially under the said clause by the
consumer court to resolve the matter under the established procedure
instead of remaining in the darkness and to avoid the failure of justice due
to the absence of prescribed procedure in the consumer law and
146
Part I
55
.13
[Preamble]
consumer rules but the technicalities should not be allowed to hinder the
path of justice in the said process.147
Judicial proceedings. Section 30(4) says every proceedings before

the court is judicial proceedings. Under section 193 of the Pakistan Penal
Code, 1860 the court can punish, a person for giving false evidence, with
imprisonment of either description for a term which may be extend to
seven years, and shall also be liable to fine etc. Under section 228 of the
Pakistan Penal Code, 1860 the Court can punish for intentional insult or
interruption to public servant for sitting in judicial proceedings, with
imprisonment which may extend to six months, or with fine which may
extend to three thousands rupees, or with both. The Court has power to
prosecute the said offence under section 195 and Chapter XXXV of the
Criminal Procedure Code, 1898.
Adjudication within six months. This is mindful to express that as
per terms of Sec. 30 (5) PCP Act 2005, this court is bound to adjudicate
such matter within six months but as revealed from the order sheet, the
proceedings of this case were protracted on account of frequent
adjournments due to strikes observed by the advocates. 148
Dismissal of case in default. Firstly, we would state that the State
Commission erroneously dismissed the appeal on the ground of absence
of the appellant. Normally, in such cases, even in the absence of
appellant, the State Commission ought to have decided the appeal on
merits. It is to be remembered that proceedings before the Consumer
Fora are inquisitorial and not adversary. The orders are required to be
passed in accordance with justice and equity on the basis of the evidence
available on record.149
Comments
147
148
149
56
Part I
.13
Active negligence. Negligence in which the actor is aware of the

unreasonable risk that he or she is creating; Recklessness.Also termed
willful negligence; spine negligence.150
Concurrent negligence. The negligence of two or more parties
acting independently but causing the same damage. 151
Hazardous negligence. 1. Careless or reckless conduct that
exposes someone to extreme danger of injury or to imminent peril. 2. See
gross negligence.152
Gross negligence. 1. A lack of slight diligence or care. 2. A
conscious, voluntary act or omission in reckless disregard of a legal duty
and of the consequences to another party, who may typically recover
exemplary damages.153
Conduct of respondent. It is not merely the alleged harm or mental
pain, agony or physical discomfort, loss of salary and emoluments etc.
suffered by the appellant which is in issueit is also the quality of conduct
committed by the respondents upon which attention is required to be
founded in a case of proven negligence.154 Slackness on the part of the
defendant is good answer against him that he did not behave in a
manner which can be accepted from a service provider to a
consumer. Therefore, I have no hesitation to say that defendant did not
act with due care and caution and his conduct after faulty services was
also not up to mark. His slackness is also evident when it is found that
defendant even did not bother to reply to the legal notice sent by the
claimant to it.155
150
151
152
153
154
155
Part I
57
.13
[Preamble]
Payment within period. The respondent is directed to paysaid
amount within thirty days.156 Admittedly, claimant is customer of defendant
for about 23 years. It is not denied that there was life saving drug in
parcel. CMH cannot be stated to be an ordinary customer. Therefore,
when due to faulty and defective services of defendant CMH refused to
receive expired medicine, it was shocking and damaging for claimant
business thus it is entitled to damages of Rs. 1,30,000/- which it has
prayed.Therefore, in terms of section 31 of the Act, I issue an order to
defendant and direct it to pay Rs. 1,30,000/- (one lac and thirty
thousands) as damages to claimant within a period of 30 days from
today. File shall be consigned to record room after its due completion. 157
Legitimate direction. Of course, plot is not a product, so I cannot

direct the defendants to hand over an alternative plot. However a
legitimate direction can be issued to defendants for leveling the plot and
to make it construction worthy.158
Lawyers fee. As for as the mode of proof of the counsel fee is
concerned, it is observed that the recovery of the lawyers fee is
legalizedthe same is not necessary to be proved and no evidence is
required from the counsel about the receiving of the same when the same
is specifically pleaded in the complaint itselfwhile appearance of the
learned counsel to conduct the case is the acknowledgement of the
receipt oflegal fee, therefore the claimant is entitled to recover the
counsel fee from the defendant. 159 Cf. The complainant has also
demanded legal fee Rs. 25000/- but has not produced any receipt
showing that he has paid any such fee to an advocate engaged by him to
conduct this case especially when the he himself claims to be practicing
lawyer.160
Financial adjustment in place of restitutionary relief. Where
restitutio in integrum is not possible in strict terms then compensatory
financial adjustments may be made. If deterioration in value of defective
goods has taken place through use by a customer who has paid the price
of such goods, then the vendor may be compensated for the consequent
diminution in the value of the goods. Equally when restitution is granted
as relief in a case where a defective product is not used by a customer,
and the vendor does not provide its replacement, then the customer is
156
157
158
159
160
58
Part I

.13
entitled to rental cost of a like product for the period until a replacement is
provided. Such adjustments address the object of restitutionary relief. 161
Execution of order.
It is well settled that the cardinal principle
of interpretation of statute is that courts or tribunals must be held to
possess power to execute their own order.
The basic purpose of the Act as said in the first part of the
preamble is the promotion and protection of the rights and interest of the
consumers. In the Guidelines the consumers is termed as population,
therefore, to infringe the liabilities in any way as provided in Act is equal to
infringe the rights of the consumers, which is punishable. As said above
that the liability with regard to a product is always strict liability and the
manufacturer shall be liable irrespective of this fact the consumers
Alternative liability. Liability arising from the tortuous acts of two or
more partieswhen the plaintiff proves that one of the defendants has
caused harm but cannot prove which one caused itresulting in a shifting
of the burden of proof to each defendants.162
161
162
Part I
59
.13
[Preamble]
Remedial liability.Liability arising from a proceeding whose object
contains no penal element.163
Statutory liability. Liability that is created by a statute (or regulation)

as opposed to common law.164
Offense against the public health, safety, comfort and morals. A
crime traditionally viewed as endangering the whole society.
Appeal. Any person aggrieved by any final order of the Consumer

Court may file an appeal in the Lahore High Court within 30 days of such
order.165
Comments
Vexatious. Vexatious means to (1) to harass, disquiet, or annoy. 2.

To cause physical or emotional distress. 166 making you feel upset or
annoyed.
163
164
165
166
60
Part I

.13
Appropriate compensation from realized fine. What I feel is that
claimant wants bring the college administration under some pressure and
also he wants to humiliate it in order to achieve some ulterior
motives.the claim of the claimant isis hereby dismissed with fine of
Rs. 5000/-out of which Rs. 3,000/- shall be paid to the defendants
within 30 days from this order and remaining 2,000/- will be deposited
under relevant government head.167 Cf. It appears that instant complaint
has been launched just to avoid to make the payment of outstanding
amount recoverable from him. Thus, the complaint being false and
frivolous is, hereby dismissed with cost.168
Part IX
MISCELLANEOUS
King can do no wrong is not applicable in Pakistan. The term

`Tort' is the French equivalent to English word `wrong'. It means breach of
some duty independent of contract giving rise to a civil cause of action
and for which compensation is recoverable. The maxim that "The King
Can Do No Wrong" resulting that the Crown was not answerable for the
torts committed by its servant, was never applied in our country, like in
case where due to negligence of a driver of a car owned by the
Government, damages have been awarded under tort against the
Government.169
Total
negligence
in
discharge
of
duty.
Secondly,
even S.P.Goels case, it has been made clear that if there is deficiency in
service by an act which is not bona fide or which is malicious, the Officer
will not be protected. This view is taken on the basis of the decision
rendered in Lucknow Development Authority (Supra). If there is total
negligence in discharge of duties it would amount to malice in law or in
any case it cannot be termed as bona fide act. In view of the aforesaid
discussion, we hold that in case of deficiency in service in issuing
erroneous and defective encumbrance certificate, the concerned officer
including the Joint Sub-Registrar would be liable for deficiency in service
and could be proceeded under the Consumer Protection, 1986. Hence,
167
168
169
Part I
61
.13
[Preamble]
we confirm the order passed by the State Commission, Tamil Nadu and
dismiss the Revision Petition. There shall be no order as to costs.170
170
62
Part I
THE PUNJAB CONSUMER PROTECTION RULES, 2009
Part I 11__________________________________________viii
PRELIMINARY 11__________________________________viii
63
INDUSTRIES DEPARTMENT
Dated Lahore the 22nd May, 2009
64
Rule.26
(a) is the provision of services subject to statutory or professional

standards;
65
Rule.23
(6) The Court may exercise the powers of a civil court under the Code
of Civil Procedure 1908 (XX of 1908) for setting aside an ex-parte order or
restoration of a claim dismissed in default.171
ANALYSIS OF THE PRODUCT. (1) The Court may direct the claimant
to provide more than one sample of the product.
171
66
Rule.26
67
Rule.23
(6) The Secretary of the Council may, with the approval of the
Chairperson or Vice Chairperson, call a meeting of the Council.
68
Rule.26
69
Rule.23
APPOINTMENT OF INSPECTORS. (1) The Government may
authorize an officer to act as inspector for an area or District.
70
71

Sec. 1
An Act to provide for promotion and protection of the interest of

Consumers.
72
THE ISLAMABAD CONSUMERS PROTECTION ACT, 1995
73

Sec. 1
Provided that sub-section (2) of section 265 shall not apply.
74
THE ISLAMABAD CONSUMERS PROTECTION ACT, 1995
75
76
[VI OF 1997]
Definitions.In this Act, unless there is anything repugnant in the

subject or context,--(a)
172
[xxx]
(c) Consumer means any person who:

(i) buys goods for a consideration which has been paid or to
promised or partly paid and partly promised to be paid or under any
system of deferred payment including hire purchase and leasing and
includes any user of such goods but does not include a person who
obtains such goods for re-sale or for any commercial purpose; or
172
77
Sec. 17
(e) Defect means any fault, imperfection or shortcoming in the

quality, quantity, potency purity or standard which, in relation to the
goods, is required to be maintained by or under any law for the time being
in force;
(k)
173
[xxx]
(o) Unfair trade practice means a trade practice which a person for
the purpose of sale, use or supply of any goods or provision of any
service or for their promotion, adopts one or more of the following
practices, causes loss or injury through hoarding, black-marketing,
adulteration, selling of expired drugs, food items and commodities unfit for
human consumption, or charging for the goods and services in excess of
the price fixed by an authority authorized to do so under any law for the
time being in force or in furtherance of such sale, use or supply makes
any statement, whether orally or in writing or by chalking on walls or
through sign-boards or neon-signs or by distributing pamphlets or by
publication in any manner including electronic media, by---
173
(xi) giving false or misleading facts disparaging the goods, services or

trade of another person, firm, company or business concern;
PART-II
Sec. 17
(2) The Council shall consist of a Chairman and such other 174[official
and non-official] members as Government may, by notification in the
official Gazette, specify.
(c) the right of access to a variety of goods at competitive prices;
(5) The Police Department, Municipal Corporation/ Committees and

other agencies of government shall act in aid of the 175[Court] for
performance of its functions under this Act.
Part-III
174
175
(a) the opposite party or each of the opposite parties, where there are
more than one at the time of institution of the complaint, actually and
voluntarily resides or carries on business or personally works for gain; or
(b) any of the opposite parties, where there are more than one, at the
time of the institution of the complaint, actually and voluntarily-resides, or
carries on business, or personally works for gain provided that in such
case either the permission of the 176[Court] is given, or the opposite party
who do not reside, or carry on business, or personally work for gain, as
the case may be, acquiesce in such institution; and
(a) the consumer to whom such goods are sold or delivered or such
service is provided;
(d) an officer of Government authorized in this behalf.
Provided further that such extension shall not be allowed beyond a

period of sixty days from the expiry of the warranty or guarantee period
specified by the manufacturer of the goods or seller of the services and if
no such period is specified, one year of the date of purchase of the goods
or providing services.
(a) refer a copy of the complaint to the opposite party mentioned in the
complaint directing him to give his version of the case within a period of
thirty days or such extended period not exceeding fifteen days;
(c) where the 177[complainant] alleges a defect in the goods which
cannot be determined without proper analysis or test of the goods, the
178
[Court] shall obtain sample of the goods from complainant, seal it and
176
177
178
Sec. 17
authenticate it in the manner prescribed and refer the sample so sealed to

a laboratory along with a direction to make an analysis or test, whichever
may be necessary with a view to finding out whether such goods suffer
from any defect and to report its findings thereon to the 179 [Court] within a
period of thirty days of the receipt of the reference or within such period
as may be extended by the 180 [Court];
(e) on receipt of the report from the laboratory, the 181[Court] shall
forward a copy of the report, alongwith such remarks as may be deemed
appropriate, to the opposite party and the whole process shall be
completed within two months;
(f) if any of the parties disputes the correctness of the findings of the
laboratory, or methods of analysis or test adopted by the laboratory, the
182
[Court] shall require the opposite party or the complainant to submit in
writing his objections in regard to the report of the laboratory;
(2) The 183[Court] shall, if the complaint received relates to goods in
respect of which the procedure specified in sub-section (1) cannot be
followed, or if the complaint relates to any service,--(b) on receipt of the defence of the opposite party, if any, under clause
(b), proceed to settle the dispute on the basis of evidence produced by
both the parties.
(3) For the purpose of this section, the 184[Court] shall have the same
powers as are vested in Civil Court under the Code of Civil Procedure,
1908 (V of 1908), while trying a suit, in respect of the following matters,
namely:---
179
180
181
182
183
184
Findings of the 185[Court]. (1) If after the proceedings conducted

under section 14 the 186[Court] is satisfied that the goods complained
against suffer from any of the defects specified in the complaint or that
any or all of the allegations contained in the complaint about the services
are proved, it shall issue an order to the opposite party directing him to
take one or more of the following actions namely:
Penalties.(1) Where any right of consumer required to be protected

under section 10 is in any way infringed, the person responsible for such
infringement shall be punished with imprisonment which may extend to
two years or with fine which may extend to fifty (50) thousand rupees, or
with both and shall also be liable to provide such compensation / relief as
may be determined by the 187[Court].
(4) The 188[Court] may, where it is deemed necessary for protection of

the rights of other consumers, order for confiscation of any goods or
material or direct for their destruction.
185
186
187
188
Sec. 17
Appeal.Any person aggrieved by an order made by the 189[Court]

may prefer an appeal against such order to the 190[High Court] within
period of thirty days from the date of the order, and the provisions of the
Code of Criminal Procedure, 1898 (Act V of 1898), in respect of appeal to
the High Court shall mutatis mutandis, apply.
Dismissal of frivolous, or vexatious complaints.Where a
complaint is found to be frivolous or vexatious the 191[Court] as the case
may be, shall dismiss the complaint and may also impose a fine on the
complainant not exceeding 192[ten] thousand rupees. Appropriate
compensation may also be awarded to the respondent form the amount of
fine so realized.
189
190
191
192
An Ant to provide for promotion and protection of the interest of

consumers
85
Sec.16
THE BALOCHISTAN CONSUMERS PROTECTION ACT, 2003
Sec.19
Sec.16
THE BALOCHISTAN CONSUMERS PROTECTION ACT, 2003
Sec.19
Sec.16
91
[IV OF 2007]
92
THE SINDH CONSUMERS PROTECTION ORDINANCE, 2007
Sec.24
Sec.20
Sec.24
Sec.20
Sec.24
Sec.20
99
An Act to provide for the establishment of Pakistan Standards and

Quality Control Authority
100
Sec.38
[INDIAN] THE CONSUMER PROTECTION ACT, 1986
1.
2.
3.
a.
b.
c.
d.
101
Sec.35
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
Sec.38
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(a)
(b)
103
Sec.35
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(v)
Sec.38
105
106
(4) Save as otherwise expressly provided by the Central Government

by notification, this Act shall apply to all goods and services.
(i)
(ii)
(iii)
recognised by the Central Government;
(i)
(ii)
any establishment described as a branch by the opposite party; or
(i)
(ii)
(iii)
193
(ii)
195
193
194
195
107
[(v) in case of death of a consumer, his legal heir or representative;

who or which makes a complaint;
194
[the goods bought by him or agreed to be bought by him] suffer

from one or more defects;
[(iv) a trader or service provider, as the case may be, has charged for
the goods or for the service mentioned in the complaint a price in
excess of the price
Sec.19
(i)
(ii)
For the purposes of this clause, commercial

purpose does not include use by a person of goods bought and
used by him and services availed by him exclusively for the
purposes of earning his livelihood by means of self-employment;]
(e) "consumer dispute" means a dispute where the person against whom
a complaint has been made, denies or disputes the allegations contained in
the complaint.
(f) "defect" means any fault, imperfection or shortcoming in the quality,
quantity, potency, purity or standard which is required to be maintained by or
under any law for the time being in force 197[under any contract, express or
implied or] as is claimed by the trader in any manner whatsoever in relation
to any goods;
196
(i)
(ii)
(iii)
[Explanation.
makes or manufactures any goods or part thereof; or
(k) "National Commission" means the National Consumer Disputes

Redressal Commission established under clause (c) of section 9;
(i)
(ii)
(iii)
(iv)
(nnn)restrictive trade practice means a trade practice which tends to

bring about manipulation of price or conditions of delivery or to affect flow of
196
197
[U.K] THE CONSUMER PROTECTION ACT, 1987

Sec.21
supplies in the market relating to goods or services in such a manner as to
impose on the consumers unjustified costs or restrictions and shall include
198
[(oo)spurious goods and services mean such goods and services

which are claimed to be genuine but they are actually not so;]
(p) "State Commission" means a Consumer Disputes Redressal
Commission established in a State under clause (b) of section 9;
(1) the practice of making any statement, whether orally or in writing or
by visible representation which,
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Explanation. For the purposes of this sub-clause, the participants of a

scheme shall be deemed to have been informed of the final results of the
scheme where such results are within a reasonable time, published,
prominently in the same newspapers in which the scheme was originally
advertised;]
198
109
Sec.19
(2) Any reference in this Act to any other Act or provision thereof which is
not in force in any area to which this Act applies shall be construed to have a
reference to the corresponding Act or provision thereof in force in such area.
(2) The Central Council shall consist of the following members, namely:
(b) such number of other official or non-official members representing

such interests as may be prescribed.
(2) The Central Council shall meet at such time and place as the
Chairman may think fit and shall observe such procedure in regard to the
transaction of its business as may be prescribed.
(b) the right to be informed about the quality, quantity, potency,

purity, standard and price of goods 199[or services, as the case may
be] so as to protect the consumer against unfair trade practices;
(d) the right to be heard and to be assured that consumer's
interests will receive due consideration at appropriate forums;
(f)
the right to consumer education.
200
[(2) The State Council shall consist of the following members,

namely:
(3) The State Council shall meet as and when necessary but not less
than two meetings shall be held every year.
199
200

Sec.21
(2) The District Consumer Protection Council (hereinafter referred to as
the District Council) shall consist of the following members, namely:
CHAPTER III
201
[Provided that the State Government may, if it deems fit, establish

more than one District Forum in a district.]
(c) a National Consumer Disputes Redressal Commission established
by the Central Government by notification.
(a) a person who is, or has been, or is qualified to be a District Judge,
who shall be its President;
(i) be
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xv)
(xviii)
(xxii)
(xxiii)
not less than thirty-five years of age,
the President of the State

Commission..
(xiii)
(xiv)
(xvi)
(xix)
(xvii)
(xx)
(xxi)
202
[(2) Every member of the District Forum shall hold office for
a term of five years or up to the age of sixty-five years, whichever
is earlier:
(xxiv)
(xxv)
201
202
111
Sec.19
(xxvi)
(xxvii)
(xxviii)
(xxix)
Jurisdiction of the District Forum.(1) Subject to the other

provisions of this Act, the District Forum shall have jurisdiction to
entertain complaints where the value of the goods or services and
the compensation, if any, claimed 203[does not exceed
rupees twenty lakhs].
(xxx)
(xxxi)
(xxxii)
(b) any of the opposite parties, where there are more

than one, at the time of the institution of the complaint, actually and
voluntarily resides, or 204[carries on business or has a branch
office], or personally works for gain, provided that in such case
either the permission of the District Forum is given, or the opposite
parties who do not reside, or 205[carry on business or have a
branch office], or personally work for gain, as the case may be,
acquiesce in such institution; or
(xxxiii)
(xxxiv)
(xxxv)
(a) the consumer to whom such goods are sold or delivered or

agreed to be sold or delivered or such service provided or agreed
to be provided;
(xxxvi)
(xxxvii)
(xxxviii)
(xxxix)
(xl)
(xli)
(xlii)
(xliii)
(xliv)
(xlv)
(xlvi)
(xlvii) 206[(a)
refer a copy of the admitted complaint, within twenty-one

days from the date of its admission to the opposite party
mentioned in the complaint directing him to give his version of the
case within a period of thirty days or such extended period not
exceeding fifteen days as may be granted by the District Forum;]
203
204
205
206

Sec.21
(xlviii) (b) where the opposite party on receipt of a complaint referred
to him under clause (a) denies or disputes the allegations
contained in the complaint, or omits or fails to take any action to
represent his case within the time given by the District Forum, the
District Forum shall proceed to settle the consumer dispute in the
manner specified in clauses (c) to (g);
(xlix)
(l)
(li)
(lii)
(liii)
(liv)
(lv) (a)
refer a copy of such complaint to the opposite party directing

him to give his version of the case within a period of thirty days or
such extended period not exceeding fifteen days as may be
granted by the District Forum;
(lvi)
(lvii)
(lviii)
(lix) 207[(c)
where the complainant fails to appear on the date of

hearing before the District Forum, the District Forum may either
dismiss the complaint for default or decide it on merits.]
(lx)
(lxi)
(lxii)
Provided that no adjournment shall be ordinarily granted by the

District Forum unless sufficient cause is shown and the reasons
for grant of adjournment have been recorded in writing by the
Forum:
(lxiii)
(lxiv)
(lxv)
(lxvi)
(lxvii)
(lxviii)
(lxix)
(lxx)
(lxxi)
(lxxii)
(lxxiii)
(lxxiv)
(lxxv)
208
[(7) In the event of death of a complainant who is a

consumer or of the opposite party against whom the complaint has
207
208
113
Sec.19

been filed, the provisions of Order XXII of the First Schedule to the
Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to
the modification that every reference therein to the plaintiff and the
defendant shall be construed as reference to a complainant or the
opposite party, as the case may be.]
(lxxvi)
(lxxvii)
(lxxviii)
(lxxix)
(lxxx)
(lxxxi)
(lxxxii)
(lxxxiii)
(f) to discontinue the unfair trade practice or the restrictive trade

practice or not to repeat it;
(lxxxiv) (g) not to offer the hazardous goods for sale;
(lxxxv)
(lxxxvi)
(lxxxvii) (hb)to
pay such sum as may be determined by it if it is of the

opinion that loss or injury has been suffered by a large number of
consumers who are not identifiable conveniently:
(lxxxviii)
(lxxxix)
(xc)
(xci)
(xcii)
(xciii) 209[Provided
that where a member, for any reason, is unable to

conduct a proceeding till it is completed, the President and the
other member shall continue the proceeding from the stage at
which it was last heard by the previous member.]
(xciv)
(xcv)
(xcvi)
(xcvii)
(xcviii)
(xcix)
(c) Composition
of the State Commission. (1) Each State Commission shall consist of
(ci)
(cii)
209

Sec.21
210
(ciii)
[(b) not less than two, and not more than such number of
members, as may be prescribed, and one of whom shall be a
woman, who shall have the following qualifications, namely:
(civ)
(cv)
(cvi)
(cvii)
(cviii)
(cix)
(cx)
(cxi)
(cxii)
(cxiii)
(cxiv)
(cxv)
(cxvi)
(cxvii)
(cxviii)
(i)
(cxxi)
(cxxii)
(cxxiv)
(cxxv)
(cxxvii)
(cxxviii)
(cxxix)
(cxxx)
(cxxxi)
(cxxxii)
(cxxxiii) 211[Provided
(cxix)
(cxx)
(cxxiii)
(cxxvi)
that the appointment of a member on whole-time

basis shall be made by the State Government on the
recommendation of the President of the State Commission taking
into consideration such factors as may be prescribed including the
work load of the State Commission.]
(cxxxiv)
(cxxxv) Provided
that a member shall be eligible for re-appointment for

another term of five years or up to the age of sixty-seven years,
whichever is earlier, subject to the condition that he fulfills the
qualifications and other conditions for appointment mentioned in
clause (b) of sub-section (1) and such re-appointment is made on
the basis of the recommendation of the Selection Committee:
(cxxxvi)
(cxxxvii)
(cxxxviii)
(cxxxix)
210
211
115
Sec.19
(cxl)
(cxli)
(cxlii)

(a) to entertain
appeals against the orders of any District Forum within the

State; and
(cxliii)
(cxliv)
(cxlv)
(a) the opposite party or each of the opposite parties, where

there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides or carries on business
or has a branch office or personally works for gain; or
(cxlvi)
(cxlvii)
(cxlviii)
(cxlix)
212
[17B.
Circuit Benches.-The State Commission shall
ordinarily function in the State Capital but may perform its
functions at such other place as the State Government may, in
consultation with the State Commission, notify in the Official
Gazette, from time to time.]
(cl)
(cli) 213[ 18A. *****]
(clii)
(cliii)
(cliv)
(clv)
(clvi)
(clvii) 214[19A.
Hearing of Appeal - An appeal filed before the

State Commission or the National Commission shall be heard as
expeditiously as possible and an endeavour shall be made to
finally dispose of the appeal within a period of ninety days from the
date of its admission:
(clviii)
(clix)
(clx)
(clxi)
(clxii)
(clxiii)
(clxiv)
215
[(b) not less than four, and not more than such number of
members, as may be prescribed, and one of whom shall be a
woman, who shall have the following qualifications, namely:
(clxv)
212
213
214
215
Sec.21
(clxvi)
(clxvii)
(clxviii)
(clxix)
(clxx)
(clxxi)
(clxxii)
(clxxiii)
(clxxiv)
(clxxv)
(clxxvi)
(clxxvii)
(clxxviii)
(clxxxi)
(clxxix)
(clxxxii)
(clxxx)
(clxxxiii)
(clxxxiv)
(clxxxv)
(clxxxvi)
(clxxxvii)
(clxxxviii)
(clxxxix)
(ii) A Bench may be constituted by the President

with one or more members as the President may deem fit.
(cxc)
(cxci)
(cxcii)
216
[(3) Every member of the National Commission shall hold

office for a term of five years or up to the age of seventy years,
whichever is earlier:
(cxciii)
(cxciv)
(cxcv)
(cxcvi)
(cxcvii)
(cxcviii)
(cxcix)
(cc)
(cci)
appeals against the orders of any State Commission; and
(ccii)
(cciii)
(cciv) (2) Without prejudice to the provisions contained in sub-
section (1), the National Commission shall have the power to

review any order made by it, when there is an error apparent on
the face of record.
(ccv)
(ccvi)
216
117
Sec.19

(ccvii)
[22B.
Transfer of cases - On the application of the
complainant or of its own motion, the National Commission may, at
any stage of the proceeding, in the interest of justice, transfer any
complaint pending before the District Forum of one State to a
District Forum of another State or before one State Commission to
another State Commission.
217
(ccviii)
(ccix)
218
[22D.
Vacancy in the Office of the President - When
the office of President of a District Forum, State Commission, or of
the National Commission, as the case may be, is vacant or a
person occupying such office is, by reason of absence or
otherwise, unable to perform the duties of his office, these shall be
performed by the senior-most member of the District Forum, the
State Commission or of the National Commission, as the case
may be:
(ccx)
(ccxi)
(ccxii)
(ccxiii)
(ccxiv)
Finality of orders. Every order of a District Forum, the State

Commission or the National Commission shall, if no appeal has
been preferred against such order under the provisions of this Act,
be final.
(ccxv)
(ccxvi)
(2) Notwithstanding anything contained in sub-section (1), a

complaint may be entertained after the period specified in subsection (l), if the complainant satisfies the District Forum, the State
Commission or the National Commission, as the case may be, that
he had sufficient cause for not filing the complaint within such
period:
(ccxvii)
(ccxviii)
(ccxix)
(ccxx)
(ccxxi)
(ccxxii)
(ccxxiii)
(ccxxiv) (2)
No attachment made under sub-section (1) shall remain in

force for more than three months at the end of which, if the noncompliance continues, the property attached may be sold and out
of the proceeds thereof, the District Forum or the State
217
218

Sec.21
Commission or the National Commission may award such
damages as it thinks fit to the complainant and shall pay the
balance, if any, to the party entitled thereto.
(ccxxv)
(ccxxvi)
(ccxxvii)
[Penalties. 219[(1)] Where a trader or a person against

whom a complaint is made 220[or the complainant] fails or omits to
comply with any order made by the District Forum, the State
Commission or the National Commission, as the case may be,
such trader or person 221[or complainant] shall be punishable with
imprisonment for a term which shall not be less than one month
but which may extend to three years, or with fine which shall not be
less than two thousands rupees but which may extend to ten
thousand rupees, or with both:
(ccxxviii)
(ccxxix) 222[(2)
Notwithstanding anything contained in the Code of

Criminal Procedure, 1973, (2 of 1974), the District Forum or the
State Commission or the National Commission, as the case may
be, shall have the power of a Judicial Magistrate of the first class
for the trial of offences under this Act, and on such conferment of
powers, the District Forum or the State Commission or the
National Commission, as the case may be, on whom the powers
are so conferred, shall be deemed to be a Judicial Magistrate of
the first class for the purpose of the Code of Criminal Procedure,
1973 (2 of 1974).
(ccxxx)
(ccxxxi)
(ccxxxii)
(a) the order made by the District Forum to the State

Commission ;
(ccxxxiii)
(ccxxxiv)
(ccxxxv)
(ccxxxvi)
(ccxxxvii)
(ccxxxviii)
(ccxxxix)
(ccxl)
(ccxli)
(ccxlii) (2)
The service of notices may be made by delivering or

transmitting a copy thereof by registered post acknowledgment
219
220
221
222
119
Sec.19

due addressed to opposite party against whom complaint is made
or to the complainant by speed post or by such courier service as
are approved by the District Forum, the State Commission or the
National Commission, as the case may be, or by any other means
of transmission of documents (including FAX message).
(ccxliii)
(ccxliv)
(ccxlv)
(ccxlvi)
(ccxlvii)
(ccxlviii)
(ccxlix)
(ccl)
Provided
that no such order shall be made after the expiry of a

period of two years from the commencement of the Consumer
Protection (Amendment) Act, 2002.
(ccli)
(cclii)
(ccliii)
223
[Power to make rules. - (1) The Central Government may,

by notification, make rules for carrying out the provisions contained
in clause (a) of sub-section (1) of section 2, clause (b) of subsection (2) of section 4, sub-section (2) of section 5, sub-section
(2) of section 12, clause (vi) of sub-section (4) of section 13,
clause (hb) of sub-section (1) of section 14, section 19, clause (b)
of sub-section (1) and sub-section (2) of section 20, section 22 and
section 23 of this Act.
(ccliv)
(cclv)
(cclvi)
(2) In particular and without prejudice to the generality of the

foregoing power, such regulations may make provisions for the
cost of adjournment of any proceeding before the District Forum,
the State Commission or the National Commission, as the case
may be, which a party may be ordered to pay.]
(cclvii)
(cclviii)
(2) Every rule made by a State Government under this Act

shall be laid as soon as may be after it is made, before the State
Legislature.
223
(cclix)
(cclx)
121
(cclxi)
(cclxii) 1987
(cclxiii)
(cclxiv)
(cclxv)
(cclxvi)
(cclxvii)
(cclxviii)
(cclxix)
(cclxx)
(cclxxi)
(cclxxii)
(cclxxiii)
(cclxxiv)
(cclxxv)
(cclxxvi)
(cclxxvii)
(cclxxviii)
(cclxxix)
(cclxxx)
(cclxxxi)
(cclxxxii)
(cclxxxiii)
(cclxxxiv)
(cclxxxv)
(cclxxxvi)
(cclxxxvii)
(cclxxxviii)
(cclxxxix)
(ccxc)
(ccxci)
(ccxcii)
(ccxciii)
(ccxciv)
(ccxcv)
(ccxcvi)
(ccxcvii)
(ccxcviii)
(ccxcix)
(ccc)
(ccci)
(cccii)
(ccciii)
(ccciv)
Chapter 43
122
Sec.11
(cccv)
(cccvi)
(cccvii)
(cccviii)
(cccix)
(cccx)
(cccxi)
(cccxii)
(cccxiii)
(cccxiv)
(cccxv)
(cccxvi)
(cccxvii)
(cccxviii)
(cccxix)
(cccxx)
(cccxxi)
(cccxxii)
(cccxxiii)
(cccxxiv)
(cccxxv)
(cccxxvi)
(cccxxvii)
(cccxxviii)
(cccxxix)
(cccxxx)
(cccxxxi)
(cccxxxii)
(cccxxxiii)
(cccxxxiv)
123
(cccxxxv)
(cccxxxvi)
(cccxxxvii)
(cccxxxviii)
(cccxxxix)
(cccxl)
(cccxli)
(cccxlii)
(cccxliii)
(cccxliv)
(cccxlv)
(cccxlvi)
(cccxlvii)
(cccxlviii)
(cccxlix)
(cccl)
(cccli)
(ccclii)
(cccliii)
(cccliv)
(ccclv)
(ccclvi)
(ccclvii)
(ccclviii)
(ccclix)
(ccclx)
(ccclxi)
(ccclxii)
(ccclxiii)
(ccclxiv)
(ccclxv)
(ccclxvi)
(ccclxvii)
(ccclxviii)
(ccclxix)
(ccclxx)
(ccclxxi)
(ccclxxii)
(ccclxxiii)
(ccclxxiv)
(ccclxxv)
(ccclxxvi)
(ccclxxvii)
(ccclxxviii)
THE GENERAL ASSEMBLY,
124
United Nations Guidelines for Consumer Protection

(ccclxxix)
(ccclxxx)
(ccclxxxi)
(ccclxxxii)
(ccclxxxiii)
(ccclxxxiv)
(ccclxxxv)
(ccclxxxvi)
(ccclxxxvii)
(ccclxxxviii)
(ccclxxxix)
(cccxc)
(cccxci)
(cccxcii)
(cccxciii)
(cccxciv)
(cccxcv)
(cccxcvi)
(cccxcvii)
(cccxcviii)
(cccxcix)
(cd)
(cdi)
(cdii)
(cdiii)
(cdiv)
(cdv)
(cdvi)
(cdvii)
(cdviii)
(cdix)
(cdx)
(cdxi)
(cdxii)
(cdxiii)
(cdxiv)
(cdxv)
(cdxvi)
(cdxvii)
(cdxviii)
(cdxix)
(cdxx)
(cdxxi)
Article.37
Article.42
(cdxxii)
(cdxxiii)
(cdxxiv)
(cdxxv)
(cdxxvi)
(cdxxvii)
(cdxxviii)
Directory
DISTRICT CONSUMER COURTS IN PUNJAB
Sr.
No
District
Court
Bahawalpur
1.
Contact
Tel. 064-2466282
Fax. 064-2470496
2.
D.G. Khan
Tel. 064-2466282
Adress
House No.42/A Younas Road Model
Town Block A Bahawalpur
Judicial Complax,D.G. Khan
Fax. 064-2470496
3.
Faisalabad
Tel. 041-9201455
P-61 Jinnah Colony Faisalabad
Fax. 041-9201456
4.
Gujrat
Tel. 053-3537948-9
Fax. 053-353794
5.
Gujranwala
Tel. 055-3732254
House No.116-A Shadman Colony

Near Shell Petrol Station Gujrat
Near DCO Office, Gujranwala
Fax. 055-3732004
6.
Lahore
Tel. 042-99213684-5
360 Riwaz Garden Lahore
Fax. 042-9213696
7.
Multan
Tel. 061-4784516-8
Fax. 061-4784516
8.
9.
Rawalpindi
Sahiwal
Tel. 051-9281334
House No.430/17-B/XII Near Chungi

No.01 Waqas Town Pul Wasil Multan
Fax. 051-9281339
House No.222/5 Khadim Hussain

Road
Opposite
D.I.G
Office
Cantt.
Rawalpindi
Tel. 040-9200128
36-C, Farid Town Sahiwal
Fax. 040-9200127
10.
Sargodha
Tel. 048-9230884
Fax. 048-9230621
11.
Sialkot
Tel. 052-9250580
Fax. 052-9250581
Banglow
No.10
House
No.11Opposite Circuit House Civil
Lines Sargodha
Cant View Colony
TopKhana Stop Sialkot
Near
Poli
127

CONSUMER PROTECTION COUNCILS IN PUNJAB
Sr.
No
1.
District
Council
Bahawalpur
Contact
Tel. 062-2880780
Fax. 062-2880770
2.
D.G. Khan
Tel. 064-2473342
Fax. 064-2466283
3.
Faisalabad
Tel. 041-9239085
Fax. 041-8503034
4.
Gujrat
Tel. 053-3537811
Fax. 053-3523722
5.
Gujranwala
Tel. 055-9201284
Fax. 055-3732210
6.
Lahore
Tel. 042-99213695
Fax. 042-9213696
7.
Multan
Tel.
061-4574703,
061-9239130
Fax. 061-4570955
8.
Rawalpindi
Tel. 051-9242896
Fax. 051-9290677
9.
Sahiwal
Tel. 040-9239076
Fax. 040-9200199
10.
Sargodha
Tel. 048-9230911
Fax. 048-9230911
11.
Sialkot
Tel. 052-3256422
Fax. 052-3256421
128
Adress
House
No.20/A,
Muhammadia
Colony
Noor
Mahal
Road
Bahawalpur
288/F, Block No.17 Near Meezan
Bank, D.G. Khan
4/W-A Near Police Station Madina
Town Faisalabad
Noor Street Shadman Opposite
Totel Petrol Station Link Rehman
Road,
Gujrat.
Near DCO Office, Gujranwala
Directorate of Industries Poonch
House Multan Road Lahore
02-C,
Multan
Shams
Abad
Colony
1st
Floor,
F-301,
FBlock
Satellite Town, Near Katarian
Chungi, Rawalpindi
248/A
Fateh
Sher
Main Market Sahiwal
Colony
54/12-A, Satellite Town Sargodha

House No. 300 Shah Faisal Road
Model Town Sialkot
Bibliography
A.P. Chatterjee 'Interpretation of Statutes' [Book] / auth. Chatterjee A.P.. CALCUTTA : EASTERN LAW HOUSE, 1983. - Second.
Abdul Islam v. G.M. SNGPL Faisalabad etc. [Case] = Abdul v. G.M SNGPL :
1595/10 / auth. Ejaz Ahmad Buttar D&SJ / counsl. N.A. - [s.l.] : DCC
Faislabad, January 14, 2011. - Suit gas connection.
Abdul Majeed Khan v. Tawseen Abdul Haleem & others [Case] = PLJ =
Abdul v. Tawseen : Civil Petition No. 463 of 2011, heard on 15.07.2011 :
PLJ 2012 SC 104 / auth. Iftikhar Muhammad Chaudhry, CJ., Khilji Arif
Hussain & Amir Hani Muslim, JJ. / counsl. Petitioner in person. Mr.
Hashmat Ali Habib ASC and Mr. M.S. Khatta AOR for Resp. 1 & 3. - [s.l.] :
Supreme Court, Junly 15, 2011. - Damages defined .
Abdul Majid Arif v. Rizwan Javed [Case] = Abdul v. Rizwan : 128/09 / auth.
Sohaib Ahmed Rumi D&SJ / counsl. person In. - [s.l.] : DCC Gujranwala,
September 18, 2009. - Sepcific performance and jurisdiciton of the court. .
Abdush Shakoor v. EFU Life Insurance Co. etc. [Case] = Abdush v. EFU :
243/11 / auth. D&SJ Ejaz Ahmed Butter / counsl. N.A. - [s.l.] : DCC
Faislabad, January 25, 2012. - Insurance claim.
Al Haj Azhar Iqbal Satti [Case] = AlHaj v. SNGPL : 135 of 13.12.2012 / auth.
D&SJ SOHAIL NASIR / counsl. (Def.) Claimant in person. Mr. Jamal
Mahmood Butt adv.. - [s.l.] : DCC Rawalpindi, December 20, 2012 . Jurisdiciton.
Amjad Javed v. Dr. Asma Batool Awan [Case] = Amjad v. Dr. Asma :
366/08 / auth. Sohaib Ahmed Rumi D&SJ / counsl. N.A. - [s.l.] : DCC,
Gujranwala, April 27, 2010. - Medical negligence.
Authority v. English Laboratories etc. [Case] = Authority v. English :
2298/11 / auth. D&SJ Ch. Mehmood Ahmed Shakir Jajja / counsl. N.A. [s.l.] : DCC Bahawalpur, March 28, 2012. - Manufacturing and expiry date.
Authority v. King's Food Pvt. Ltd. [Case] = Authority v. King : 2336/11 /
auth. D&SJ Mahmood Ahmed Shakir Jajja / counsl. N.A. - [s.l.] : DCC
Bahawalpur, January 19, 2012. - Date of manufacturing and expiry date..
Authority v. M Sarfraz [Case] = Authority v. Sarfraz : Reference / auth.
D&SJ. - [s.l.] : DCC Sahiwal.
B.R.S. Heart Institute & Research Centre v. Kulji Kaur [Case] : 460/03 /
auth. Member R.C Jain Presiding. - [s.l.] : NCDRC, New Delhi, April 25,
2011.
Canara Bank v. Shri Binayh Kumar Jha [Case] : R.P.No. 3210/05 / auth.
President. B.K. Taimni. - [s.l.] : NDRC, New Dehli, October 14, 2008.
CCI Chambers Co-Op. HSG. Society Ltd. v. Development Credit Bank
Ltd. [Case] = CCI v. Development : Civil Appeal 7228/2001 / auth. JJ. R.C
Lahoti & Ashok Bhan. - [s.l.] : SCI, August 29, 2003. - Summary
porceedings.
129

Ch. Jawad Ghani v. Proprietor Hadi Electronics [Case] = Ch. Jawad v.
Proprietor : 46/09 / auth. Sohaib Ahmed Rumi D&SJ / counsl. N.A. - [s.l.] :
DCC Gujranwala, September 09, 2009. - False and deceptive practice .
Ch. Muhammad Rafique Advocate v. Soldier CNG Station [Case] = Ch.
Rafique v. Soldier : 321/08 / auth. Sohaib Ahmed Rumi D&SJ / counsl.
person in. - [s.l.] : DDC Gujranwala, August 29, 2009. - 10000 due to non
observance of section 19 PCPA, 2005.
Chairman Indus Motors Co v. Muhammad Arshad and Ors. [Case] =
Chairman Indus v. M. Arshad : F.A.O. No.118 of 2009 : PLD 2012 Lahore
264 / auth. Umar Ata Bandial J / counsl. No.1. Imran Aziz Khan for
(Appellant). Ch. Fasih-uz-Zam along with Respondent. - [s.l.] : L.H.C,
Lahore, October 25, 2010.
Charan Singh v.Healing Touch Hospital [Case] / auth. K.G.Balakrishnan
M.B.Shah JJ.. - [s.l.] : SCI, September 20, 2000.
Common Cause, A Registered Society v. Union of Indian and Ors.
[Case] / auth. Ahmedi A.M Reddy, K. Jayachandra. JJ.. - [s.l.] : SCI,
January 07, 1993.
D.C.O/ Authority through DDO (Health) Sahiwal Sahiwal v. Allah Wasaya
[Case] = DCO v. Allah Wasaya : 889 / auth. D&SJ Tahir Pervez / counsl.
N.A. - [s.l.] : CC Sahiwal, 02 15, 2012. - reference against quack Dr..
D.C.O/Authority through DO(Health) v. Khalid Mehmood [Case] = DCO v.
Khalid : 804 / auth. D&SJ Tahir Pervez / counsl. N.A. - [s.l.] : DCC Sahiwal,
September 12, 2011. - Baseless claim by Authority.
Deep Nursing Home v. Manmeet Singh Mattewal [Case] = Deep Nursing
Home v. Manmee Singh Mattewal : F.A No. 158 of 2007 / auth. R.C.Jain
J.. - [s.l.] : NDRC, New Dehli, May 9, 2012. - Medical Negligence..
Deepak Jaiswal v. Oriengal Insurance Co. [Case] : Revision Petition No.
1922/04 / auth. M.B.Shah J.,President.. - [s.l.] : NCDRC, New Dehli,
December 12, 2005.
Deputy District Officer Health v. Mr. Shoukat [Case] = DDO v. Shoukat :
Reference / auth. D&SJ Malik Peer Muhammad / counsl. N.A. - [s.l.] : DCC
Sahiwal, April 4, 2011. - Determination of reference.
Deputy Registrar (Colleges) & Anr. [Case] : 1121/2005 / auth. President.
M.B Shah. - [s.l.] : NCDRC, July 7, 2006. - Educational InstitutionConsumer is/not Student..
Muhammad Ahmad Maqbool v. Hakeem Dr. Professor Ashraf Israr
[Case] = M. Ahmad v. Hakeem / auth. D&SJ Malik Peer Muhammad /
counsl. N.A. - [s.l.] : CC Sahiwal, June 29, 2011. - Educational institution
could nto be described to have undertaken commercial activity. .
Muhammad Ali v. Regional Officer Nia Sweera [Case] = M. Ali v. Regional
Officer : 879/DCC/SWL / auth. D&SJ / counsl. N.A. - [s.l.] : DCC Sahiwal,
01 26, 2012. - Maize drawn from plant. Time barred claim.
130
Index
Muhammad Aslam v. Chief Executive Pak Feeds Mills [Case] = M. Aslam
v. Chief : 125/09 / auth. Sohaib Ahmed Rumi D&SJ / counsl. N.A. - [s.l.] :
DCC Gujranwala, July 18, 2009. - Application for condonation of delay.
Muhammad Khalid Pervez Adv. v. Raza Electronics [Case] = M. Khalid v.
Raza : 925/12 / auth. D&SJ Tahir Pervez / counsl. complainant In person. [s.l.] : DCC Sahiwal, May 18, 2012. - Detail of damage..
Muhammad Tariq v. Qazi Trading [Case] = M. Tariq v. Qazi : 84/09 / auth.
Sohaib Ahmed Rumi D&SJ / counsl. N.A. - [s.l.] : DCC Gujranwal, October
17, 09. - Prayer for possession..
Muhammd Arshad v. The Manager Wateen etc. [Case] = M. Arshad v. The
Manager : 50/2008 / auth. D&SJ Mr. Tariq Mehmood Iqbal Khan / counsl.
N.A. - [s.l.] : DCC Sialkot/Narowal, January 27, 2009. - Jurisdiciton of
Consumer Court..
Mujahid v. Waves [Case] = Mujahid v. Waves : 75/2009 / auth. Maqsood
Ahmed Sulheri D&SJ / counsl. N.a. - [s.l.] : DCC, Multan, September 09,
2009. - Limitation. Time barred claim..
Zahid Nazeer v. Massers Cakes & Bakes [Case] = Zahid v. M/s Cakes :
754 / auth. Thair Pervez D&SJ / counsl. N.A. - [s.l.] : CC Sahiwal, May 24,
2012. - Defective and substandard sweets..
132
Index
Webliography
Following are the web links whereon almost all the judgments are available
on the:--
Courts Judgments
Website
District Consumer Court, Punjab,

Pakistan.
http//pcpc.punjab.gov.pk/
District
Consumer
Court,
Rawalpindi, Punjab Pakistan.
http//www.consumercourtwp.com
Lahore High Court, Lahore.

National
Consumer
Redressal Commission.
http//www.lhc.gov.pk/
Dispute
Supreme Court of India.
http//ncdrc.nic.in/
http//judis.nic.in/
Following are the web links whereon some of the statutes mentioned in this
book are available:--
Statutes
Website
Malysian Consumer Protection

Act, 1999.
Indian Consumer
Act, 1986.
http//www.kkmmm.gov.my/akta_kpkk/Consumer%20Protection.pdf
Protection http//ncdrc.nic.in/

Control Act, 1996.
http://www.na.gov.pk/uploads/documents/1329726893 317 .pdf
Punjab Consumer Protection http//pcpc.punjab.gov.pk/

Act, 2005.
Punjab Consumer Protection http//pcpc.punjab.gov.pk/
Rules, 2009.
South
African
Consumer
Protection Act, 2008.
http//www.info.gov.za/viewDownloadfileAction/id=99961
U.K Consumer Protection Act, http//www.legislaiton.gov.uk/ukpga/19/8

1986
7/43
134
List of abbrivations.
135
136
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
BCPA, 2003
Index
Balochistan Consumer Protection
Act, 2003.
CPA, 1986
[Indian]Consumer Protection Act,

1986
CPA, 1987
[United Kingdom] Consumer

Protection Act, 1987
DDC
District Consumer Court, Punjab,

Pakistan
ICPA, 1995
Islamabad Consumers Protection

Act, 1995
K.Pk.CPA, 1997.
Khyber Pakhtunkhwa Consumers

Protection Act, 1997.
LHC
Lahore High Court, Lahore, Punjab
PCPA, 2005
Punjab Consumer Protection Act,

2005
PCPR, 2009
Punjab Consumer Protection Rule,

2009
NCDRC
National Consumer Dispute

Redressal Commission, Dehli, India.
PS&QCA, 1996.

Control Authority Act, 1996
SCI
Supreme Court of India.
SCP
Supreme Court of Pakistan.
U.N. 1985
United Nations Guidelines for

Consumer Protection, 1985
Paragraph Section.
Cf.
Is used to refer to related but

contrastable stuff.
Index
Act...................................................
Punjab Consumer Protection
Act, 2005................................1
Alternative liability.......................59
Authority..........................................
King can do no wrong is not
applicable in Pakistan..........61
Cases..............................................
Courier delivery.......................39
Sui Gas Connection................27
Cause of action...........................47
Duty and breach......................47
Facts giving right of action......47
Claim...........................................47
Commercial purpose...................23
Consumer....................................10
Consumer Interest..........................
Physical Safety..........................8
Consumer Protection Act................
benevolent pieces of legislation 5
enabling the consumer to
participate directly..................2
object of the legislation..............4
Damages.........................................
Escalation of price...................22
Special and General Damages.
.............................................19
Date of manufacturing................34
Defence of the respondent.........46
Duty of disclosure.......................34
Economic interests..........................
Consumer interest.....................9
Ex visceribus actus.........................
Statutory provisions has to be
collected from within frou
corners of the Act................15
false evidence.............................56
Guidelines.......................................
United Nations Guidlines for
Consumer Protection.............8
Guidelines for Consumer
Protection....................................
138
Physical safety; Economic

interst; Standards for safety
and quality; Distribution
facilities; measures enabling
consumers to obtain redress;
Measures relating to specific
areas......................................8
Harbinger....................................10
Inconvenience.................................
An argument drawn from
inconvenience is forcible in
law.......................................13
informal procedures........................
expeditious, fair, inexpensive
and accessible.....................46
intentional insult or interruption to
public servant for sitting in
judicial proceedings.................56
Interest............................................
Interest of the consumers........10
Judicial proceedings...................56
Jurisdiction......................................
mental and physical torture do
not fall within the ambit of this
court.....................................19
Service provided by Federation
.............................................35
Supplemental jurisdiction........25
Legal notice.....................................
15 days notice.........................50
Liabilties......................................46
Liberal interpretation.....................3
Maqasid-e-Shariah........................1
means.........................................23
Medical negligence.........................
Bolam test for determination of
medical negligence..............37
Charge of professional
negligence...........................35
Consent for the surgery...........37
Deficiency in medical service..35
Index
Determination of negligence by
a medical practitioner..........37
Doctors and nursing
homes/hospitals need not be
unduly worried.....................37
Loss of limbs or life can hardly
be weighed in golden scales
.............................................37
Res ipsa Loquitur....................36
Stages of treatment.................35
Negligence..................................56
Objectives.......................................
for Guidelines...........................8
Offense............................................
Offense against the public
health, safety, comfort and
morals..................................60
Payment within period................58
Presumption against Intending
what is Inconvenient or
Unreasonable..........................13
Principles.........................................
Guidlines...................................8
Procedure........................................
formal procedure.....................49
Informal...................................49
informal, expeditious, fair,
inexpensive and
accessible...of the needs of
low-income consumers........46
Punishment.....................................
Seven years imprisonment with
fine.......................................56
Six month imprisonment with
fine.......................................56
Quality.............................................
conformity to a given
requirement.........................33
Reference from Authority............41
Remedial liability.........................60
Right................................................
absolute right...........................45
Conditional right......................45
settlement........................................
at pretrial stage.......................53
common practice for settlement
.............................................48
Statutory liability..........................60
Strict products liability.................30
transgressor................................50
139

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When sale

(Agreed.) 10: 970, 2, Ch. XVIII, Unlawful Things in Trade of Mishkat-ul-Masabih.

Price in Pakistan Rs. 499.

ADIL ON CONSUMER LAWS

Chief Justice of Pakistan (1968-1960).

ADIL ON CONSUMER LAWS

(ZEESHAN HUSSAIN ADIL)

vii pg. vii

Punjab Consumer Protection Act, 2005

Balochistan Consumer Protection

ADIL ON CONSUMER LAWS

THE PUNJAB CONSUMER PROTECTION ACT, 2005

ADIL ON CONSUMER LAWS

PLD 2005 Lah. 190

ADIL ON CONSUMER LAWS

Blacks Law Dictionary Ninth Edition.

THE PUNJAB CONSUMER PROTECTION ACT, 2005

The consumer rights were first introduced by the Holy Prophet as

Chief Justice of Pakistan (1968-1960).

ADIL ON CONSUMER LAWS

(b) 903, 1, Ch.XVIII, Trade and Commerce of Mishkat-ul-Masabih

See. Article 23 of the United Nations Guidelines for Consumer ProtectionGovernments

THE PUNJAB CONSUMER PROTECTION ACT, 2005

See. Article 13 of the Guidelines for Consumer Protectionproduction and performance

ADIL ON CONSUMER LAWS

The Prophet was a great teacher. He was a great law-giver. Quaid-e-Azam

THE PUNJAB CONSUMER PROTECTION ACT 2005

Preamble.Whereas, it is expedient to provide for protection and

Maqasid-e-Shariah. The purpose of the PCPA, 2005 can be

Preamble of the Indian Consumer Protection Act, 1986. It is

Welfare of the society. The Honble Supreme Court of India in

Widespread consumer protection movement. It is to be

(Dr. Shamshad v. DCC)

[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

Liberal interpretation of the Consumer Act. Again in Spring

(Deepak v. The Oriengal) NCDRC

Background of the Consumer Acts. Before proceeding further, it is

(State v. Vishwabarathi) SCI

[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

Summary trial. The consumer Protection Act is one of the

In the Indian Medical Association case (supra) [Indian Medical

(The Secretary v. M. Lalitha) SCI

[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

Inquisitorial Court. The Consumer courts are inquisitorial and not

(CCI v. Development ) SCI

United Nations Objectives for Consumer Protection. In order to

(Watan v. Federation) SCP

[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

Consumer is a harbinger. A Consumer is one who consumes a

Interest of the consumer. Under the Principle, the interest of the

[Preamble] THE PUNJAB CONSUMER PROTECTION ACT, 2005

Interest of the manufacturer and service provider. It is said that

Punjab Consumer Protection (Amendment) act, 2006 (XI of 2006)

ADIL ON CONSUMER LAWS

Definition of words. It is now settled rather taken as golden

Preamble . In many judicial authorities preamble has been referred

Thus, a piece of socio-economic legislation, the object of which is

In Social Welfare legislation literal construction is not commended,