| Case ID |
1e3d01ad-1537-4f4d-ba9c-883881375a2e |
| Body |
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| Case Number |
F.A.O. No. 447 of 2011 |
| Decision Date |
Oct 03, 2012 |
| Hearing Date |
|
| Decision |
The appeal filed by the appellant, Muhammad Azam, against the District Consumer Court's decision was dismissed. The court determined that the alleged issues with the auto rickshaw, including the absence of an air filter and a faulty solenoid valve, did not constitute manufacturing defects under the Punjab Consumer Protection Act, 2005. The court noted that these components are replaceable parts with specific life spans and their non-functionality does not affect the fundamental design of the vehicle. The appellant failed to provide sufficient evidence to support claims of inherent mechanical defects, and the defects cited were deemed minor and possibly due to rough use. The court emphasized that the Consumer Protection Act should not be misused to escape contractual obligations stemming from ill-informed purchasing decisions. |
| Summary |
In the case of F.A.O. No. 447 of 2011, the Lahore High Court addressed the appeal of Muhammad Azam regarding the dismissal of his complaint against the National Bank of Pakistan and Master Motorcycle Private Ltd. under the Punjab Consumer Protection Act, 2005. The appellant claimed that his auto rickshaw was consuming excessive petrol and had malfunctioning parts. The court found that the complaints did not amount to manufacturing defects as defined by law. The absence of an air filter was not considered a manufacturing defect since it is a replaceable part, and the alleged faults did not affect the vehicle's basic design. The court clarified that the Act is not intended to remedy ill-advised consumer choices. This ruling reinforces the importance of consumer responsibility in product selection and the limits of consumer protection laws. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Ch. Liaquat Ali Sial
|
| Petitioners |
MUHAMMAD AZAM
|
| Respondents |
NATIONAL BANK OF PAKISTAN,
Master Motorcycle Private Ltd.
|
| Citations |
2013 SLD 2212,
2013 PLD 73
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Consumer Protection Act, (II of 2005)
|
| Sections |
4,
5,
6,
25
|