| Case ID |
2d013e9b-abcf-40de-aec2-2eff6385a1c5 |
| Body |
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| Case Number |
F.A.O. No.287 of 2008 |
| Decision Date |
Dec 12, 2011 |
| Hearing Date |
Dec 12, 2011 |
| Decision |
The court set aside the order of the Consumer Court which had granted a claim of Rs.2,70,000 in favor of the respondent, stating that the respondent did not fall within the definition of 'consumer' as outlined in the Punjab Consumer Protection Act, 2005. The court found that the contributions made by the respondent and others did not constitute a service relationship that would confer jurisdiction upon the Consumer Court. The appellant was not deemed a 'service provider' as per the Act. Therefore, the appeal was allowed, and the claim was dismissed. |
| Summary |
In the case of F.A.O. No.287 of 2008, heard by the Lahore High Court, the court addressed the jurisdiction of the Consumer Court under the Punjab Consumer Protection Act, 2005. The case involved a complaint by the respondent, Muhammad Javed Iqbal, against Abdul Latif Alvi for failure to pay a promised amount after a series of monthly contributions. The court emphasized that for a grievance to fall under the jurisdiction of the Consumer Court, the complainant must fit the definition of a 'consumer' as defined in the Act. The court concluded that the respondent's contributions did not establish him as a consumer or the appellant as a service provider, thus rendering the Consumer Court's order invalid. This decision underscores the importance of clear definitions and jurisdictional boundaries within consumer protection laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MEHMOOD MAQBOOL BAJWA, J
|
| Lawyers |
Agha Zafar Iqbal,
Malik Muhammad Rasheed Awan
|
| Petitioners |
MUHAMMAD JAVED IQBAL
|
| Respondents |
ABDUL LATIF ALVI
|
| Citations |
2012 SLD 2231,
2012 CLD 779
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Consumer Protection Act (II of 2005)
|
| Sections |
2(c),
21
|