P L D 2022 Lahore 488
Punjab Consumer Protection Act (II of 2005)---
----Ss. 35, 2(c), 2(j) & 2(k)---Sale of Goods Act (III of 1930), S. 2(7)---Dismissal of frivolous or vexatious claims---Consumer---Services---Product---Scope---Petitioner assailed the dismissal of its application under S. 35 of Punjab Consumer Protection Act, 2005 read with O. VII, R. 11 of C.P.C.---Validity--- Respondent had admittedly purchased plots from the petitioner and paid certain payments but controversy arose when the petitioner refused to deliver their possession due to non-payment of possession charges---Purchasing of plots could neither be termed as 'product' as defined under S. 2(j) of the Act nor could be termed as 'services' as per S. 2(c)(ii) of the Act---Joint analysis of S. 2(j) of the Act and S. 2(7) of the Sale of Goods Act, 1930, clarified that 'land' could not be termed as a 'product'---Present case purely related to rights and liabilities of the parties out of sale/purchase of plots in lieu of consideration shaping up under a contract as well as non-fulfillment of contractual obligation---Respondent had to approach Civil Court of competent jurisdiction under the Specific Relief Act, 1877 and he, by no means, could have approached the Consumer Court for performance of contractual obligation---Application filed by petitioner before Consumer Court was allowed and the complaint was rejected.
Punjab Consumer Protection Act (II of 2005)---
----Ss. 25, 2(c), 2(j) & 2(k)---Consumer---Product---Services---Filing of claims---Scope---Clause (i) of subsection 2(c) of the Act deals with the 'product' which is defined under S. 2(j) of the Act and has been given synonymous status of the term 'goods' under the Sale of Goods Act, 1930---While clause (ii) of subsection 2(c) of the Act states about 'services' which is defined under S. 2(k) of the Act---In order to bring a claim under S. 25 before the Consumer Court, a person must qualify to be a 'consumer' having been suffered damage due to defective or faulty product hired from a service provider and for this purpose, he has to qualify that he has purchased or obtained on lease any product for a consideration or hired any services for a consideration from service provider---'Services' mentioned under S. 2(k) includes provision of facilities or advice or assistance of medical, legal or engineering related services but S. 2(k)(i) specifically put a restriction on a consumer to bring his claim before the Consumer Court if the services relate to a contract of personal nature---Under S. 2(j) of the Act, the word 'immovable' is mentioned but it is clearly restricted to 'product'.
Punjab Consumer Protection Act (II of 2005)---
----Ss. 25 & 28---Filing of claims---Settlement of claims---Scope---Claim by a consumer with regard to damages is to be filed under S. 25 of the Act while S. 28 of the Act which starts with words 'who has suffered damages'---Combined reading of both the said provisions makes it clear that a claim for damages can only be filed by a consumer when the products hired from a service provider for consideration are defective or faulty and the conduct of manufacturer for rectifying such defects or faults has caused mental torture, loss of money and wastage of time.
Punjab Consumer Protection Act (II of 2005)---
----Preamble---Scope---Punjab Consumer Protection Act, 2005, provides for protection and promotion of the rights and interests of the consumers facing risks and failures in the yards of their desired necessities and demands---Preamble of the Act aims at safeguarding and promoting rights and interests of consumers by affording a medium and platform for redressal of their grievance in a speedy manner without loss of time.
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