At Josh and Mak International, we understand that navigating consumer rights and understanding the jurisdiction of Consumer Courts in Pakistan can be challenging. This primer is designed to provide a clear understanding of when and how the Consumer Courts may exercise their jurisdiction based on various legal precedents, with references from authoritative case law.
1. Jurisdiction over Consumer Complaints
The Consumer Courts in Pakistan have been established to provide remedies to consumers for defective goods or services. Under the Consumer Protection Acts of various provinces, a consumer is defined as any person who hires or buys services or products for personal use, excluding buyers for resale or commercial purposes. The jurisdiction of the Consumer Court is triggered when a consumer alleges that the goods or services they received were defective or faulty.
For instance, in Dr. Muhammad Asif Osawala v. Mrs. Qamar-un-Nisa Hakro (2022 PLD 430 Karachi High Court), it was confirmed that the Consumer Court could hear cases related to medical negligence without the need for prior determination by a regulatory body such as the Healthcare Commission.
2. Claims Involving Services
The Consumer Court’s jurisdiction extends to cases involving service contracts, even if the cause of action arises at multiple locations. As held in Muhammad Munawar Saeed v. District Judge, Multan (2021 PLD 61 Lahore High Court), the Court can exercise jurisdiction at any location where the service contract was executed or partially performed.
However, disputes related to services offered by banks or financial institutions, such as lease agreements, do not fall under the Consumer Court’s jurisdiction. These matters are reserved for the Banking Courts under the Financial Institutions (Recovery of Finances) Ordinance, 2001. This was reinforced in Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court).
3. Real Estate and Immovable Property
The Consumer Court’s jurisdiction is limited to the sale of goods and services and does not extend to real estate transactions. In Yasir Chaudhry v. Faisalabad Development Authority (2021 PLD 713 Lahore High Court), the court ruled that immovable property, such as land in housing schemes, is not considered a “product” under the Consumer Protection Act. As a result, disputes over real estate must be resolved through civil courts.
4. Utility Services
Billing disputes involving electricity, gas, or water services do not fall under the Consumer Court’s jurisdiction. In EXN PESCO, Sub-Division-II v. Sher Afzal Khan (2018 PLD 26 Peshawar High Court), it was determined that matters involving electricity billing should be handled by civil courts or regulatory bodies such as the Electric Inspector. Similarly, gas billing disputes fall under the Gas Utility Courts as confirmed in Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court).
5. Telecommunication Services
Disputes concerning telecom services fall outside the jurisdiction of the Consumer Courts and are instead governed by federal law, specifically the Telecom Consumers Protection Regulations, 2009. The Lahore High Court, in Pakistan Mobile Communication Ltd. v. Judge District Consumer Court, Gujranwala (2015 PLD 204), held that complaints about telecommunication services should be directed to the relevant regulatory authority.
6. Healthcare and Medical Negligence
The Consumer Courts in Sindh and other provinces have jurisdiction over medical negligence claims, provided the complainant qualifies as a consumer. However, in Punjab, medical negligence cases fall under the exclusive jurisdiction of the provincial healthcare commissions, as seen in Dr. Riaz Qadeer Khan v. Presiding Officer, District Consumer Court, Sargodha (2019 PLD 429 Lahore High Court). It is essential to differentiate between provinces when filing a complaint in this area.
7. Financial Services
As stated earlier, disputes involving financial services provided by banks or financial institutions fall outside the jurisdiction of the Consumer Courts and must be brought before Banking Courts. This is governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001, which takes precedence over consumer protection laws as confirmed in several cases, including Askari Bank Ltd. v. Irfan Ahmed Niazi (2016 CLD 383 Lahore High Court).
8. Time Limitations and Extensions
Consumers must file their complaints within the prescribed limitation period, usually 30 days from when the cause of action arises. The Consumer Court can extend this limitation period, but only if a formal application for condonation is filed and a valid reason is shown for the delay. In Al-Ghazi Tractor Limited v. Peer Muhammad Ali (2019 CLC 580 Lahore High Court), the court emphasized the need for a proper application for any extension of time.
9. Exclusion of Jurisdiction
The Consumer Court’s jurisdiction may be excluded in certain cases where specialized regulatory frameworks exist, such as those governed by the Oil and Gas Regulatory Authority Ordinance, 2002, or the Telecom Consumers Protection Regulations. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), it was held that disputes involving gas theft or excessive billing must be resolved through Gas Utility Courts.
10. Mandatory Injunctions and Consumer Court’s Limits
The Consumer Court cannot issue mandatory injunctions, such as ordering the provision of services or specific actions like reconnecting electricity supplies. Its powers are limited to assessing damages for faulty or defective products or services, as reaffirmed in Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court).
Conclusion
The Consumer Courts in Pakistan play a vital role in protecting consumer rights, but their jurisdiction is subject to limitations, particularly regarding disputes involving public utilities, financial institutions, real estate, and specialized regulatory frameworks. Clients seeking to resolve disputes should carefully consider whether their complaint falls within the jurisdiction of the Consumer Court or another specialized forum, such as the Banking Court or a regulatory body.
At Josh and Mak International, we are well-equipped to guide you through the complexities of consumer rights and assist in determining the most appropriate forum for your claims. If you have any further queries, please do not hesitate to contact our legal team for expert advice.
This primer is based on authoritative case law and statutes. For specific advice on your legal matter, consult with our team for personalized guidance at [email protected]
Frequently Asked Questions
- What is the jurisdiction of the Consumer Court regarding medical negligence?
- The jurisdiction of the Consumer Court is applicable in cases of medical negligence when a breach of duty of care by a medical practitioner causes injury. In Dr. Muhammad Asif Osawala v. Mrs. Qamar-un-Nisa Hakro (2022 PLD 430 Karachi High Court), it was held that the Consumer Court does not require a prior determination by the Healthcare Commission before proceeding with medical negligence claims under the Sindh Consumer Protection Act, 2014.
- Can a Consumer Court claim jurisdiction without expertise in medical matters?
- Yes, the Consumer Court can exercise jurisdiction in medical negligence cases, even if it lacks specific medical expertise. In the same case (2022 PLD 430 Karachi High Court), the court ruled that jurisdiction under the Consumer Protection Act does not depend on prior assessments by the Sindh Healthcare Commission, as long as the complaint falls within the ambit of medical negligence.
- What is the scope of the Consumer Court’s jurisdiction in cases involving service contracts?
- The jurisdiction of the Consumer Court extends to any place where a part of the cause of action arises, not limited to the location of the alleged breach. In Muhammad Munawar Saeed v. District Judge, Multan (2021 PLD 61 Lahore High Court), it was held that jurisdiction can be invoked where an enforceable service contract is executed or performed, either partially or in full.
- Does the Consumer Court have jurisdiction over real estate disputes?
- No, real estate transactions do not fall under the jurisdiction of the Consumer Court. In Yasir Chaudhry v. Faisalabad Development Authority (2021 PLD 713 Lahore High Court), the court held that immovable property is excluded from the definition of “product” under the Sale of Goods Act, 1930, and therefore, real estate disputes must be handled by civil courts.
- Can a Consumer Court hear complaints related to promotional offers by telecom companies?
- No, the Consumer Court does not have jurisdiction over claims arising from promotional offers. In Pakistan Telecommunication Company Limited v. Shaikh Mushtaq Ali (2020 CLD 1022 Lahore High Court), it was determined that complaints regarding unfulfilled promotional promises do not attract the jurisdiction of the Consumer Court, as no tangible loss was suffered by the complainant.
- Is medical malpractice governed by provincial or federal law in Pakistan?
- Medical malpractice is governed by provincial law, with specific regulatory oversight by provincial healthcare commissions. In Dr. Riaz Qadeer Khan v. Presiding Officer, District Consumer Court, Sargodha (2019 PLD 429 Lahore High Court), the court held that after the 18th Constitutional Amendment, medical negligence is within provincial jurisdiction, and the Punjab Healthcare Commission has exclusive authority over such cases.
- Can a Consumer Court extend the limitation period for filing a complaint?
- Yes, the Consumer Court has discretion to extend the limitation period for filing complaints under the Punjab Consumer Protection Act, 2005, but only upon sufficient cause being shown. In Al-Ghazi Tractor Limited v. Peer Muhammad Ali (2019 CLC 580 Lahore High Court), the court ruled that failure to seek an extension for filing a delayed complaint results in dismissal.
- Does the Consumer Court have jurisdiction over disputes involving dishonest consumption of energy?
- No, disputes involving dishonest consumption of energy fall under the jurisdiction of the Electric Inspector, not the Consumer Court. In Multan Electric Power Company v. Muhammad Islam (2019 YLRN 90 Lahore High Court), the court held that cases of energy theft through metering equipment are not within the Consumer Court’s purview.
- Can the Consumer Court adjudicate on billing disputes related to electricity?
- No, billing disputes concerning electricity consumption fall under the jurisdiction of the Electric Inspector or civil courts, not the Consumer Court. In EXN PESCO, Sub-Division-II v. Sher Afzal Khan (2018 PLD 26 Peshawar High Court), the court ruled that electricity billing matters are outside the Consumer Court’s jurisdiction.
- What is the jurisdiction of the Consumer Court in cases of delayed service provision?
- The Consumer Court can determine claims of delayed or defective service provision, but it cannot issue mandatory orders like civil courts. In Tanvir Ahmad Butt v. Oratier Technologies (2018 CLD 1064 Lahore High Court), the court emphasized that the Consumer Court’s role is limited to assessing damages for defective services, not issuing mandatory directions.
- Does the Consumer Court have jurisdiction over service providers such as gas companies?
- The Consumer Court does not have jurisdiction over disputes that fall under specialized regulatory frameworks like the Oil and Gas Regulatory Authority Ordinance. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), the court ruled that gas billing disputes should be addressed by the Gas Utility Court under the relevant regulatory laws.
- Can a Consumer Court grant damages for defective financial services?
- No, matters involving financial institutions and their customers fall under the jurisdiction of Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), the court ruled that financial disputes are governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001, which supersedes the Consumer Protection Act.
- Can the Consumer Court hear a time-barred complaint without an application for condonation?
- No, if a complaint is filed beyond the prescribed limitation period without an application for condonation of delay, the Consumer Court has no jurisdiction to hear the case. This principle was upheld in Askari Bank Ltd. v. Irfan Ahmed Niazi (2016 CLD 383 Lahore High Court).
- What is the jurisdiction of the Consumer Court in relation to excessive electricity billing?
- The Consumer Court cannot resolve disputes related to excessive electricity billing. In FESCO v. Sh. Jamil Ahmad (2016 CLC 1104 Lahore High Court), the court ruled that such matters fall under the jurisdiction of civil courts or the Electric Inspector.
- Can a Consumer Court adjudicate claims involving toll tax collection?
- No, disputes related to toll tax collection fall outside the jurisdiction of the Consumer Court. In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2016 CLC 648 Lahore High Court), the court ruled that toll tax is a statutory duty of the National Highways Authority and does not constitute a service for consumers.
- Does the Consumer Court have jurisdiction over telecom-related disputes?
- No, telecom-related disputes fall under the Telecom Consumers Protection Regulations, 2009, which are governed by federal law. In Pakistan Mobile Communication Ltd. v. Judge District Consumer Court, Gujranwala (2015 PLD 204 Lahore High Court), the court ruled that telecom complaints should be addressed under the federal regulatory framework, not provincial consumer laws.
- Can a Consumer Court grant damages for defective products supplied by financial institutions?
- No, disputes involving defective financial services or products supplied by financial institutions must be resolved by Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that such matters are governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can the Consumer Court hear cases involving real estate transactions?
- No, real estate transactions, including disputes over property sales and leases, fall outside the Consumer Court’s jurisdiction. This was established in Muhammad Ameer Qazi v. Muhammad Asif Ali (2015 PLD 235 Lahore High Court).
- Does the Consumer Court have jurisdiction over public utility companies like WAPDA?
- No, disputes involving public utility companies like WAPDA, especially concerning the provision of electricity, fall under the jurisdiction of civil courts. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), the court ruled that WAPDA’s administrative functions do not constitute a service under the Consumer Protection Act.
- Can a Consumer Court handle disputes over defective products not falling within its jurisdiction?
- The Consumer Court’s jurisdiction is limited to specific services and products under the Consumer Protection Act. In Muhammad Javed Iqbal v. Abdul Latif Alvi (2012 CLD 1009 Lahore High Court), the court held that contributions in a monthly financial scheme did not make the complainant a “consumer,” and the case fell outside the court’s jurisdiction.
- Can a Consumer Court issue mandatory injunctions for service provision?
- No, the Consumer Court cannot issue mandatory injunctions for service provision as it lacks such jurisdiction. Its role is limited to determining whether a service or product was defective. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), it was held that the Consumer Court could not direct WAPDA to issue an electricity connection and its jurisdiction does not extend to granting such mandatory relief.
- Does the Consumer Court have jurisdiction over claims of defective leased products?
- No, the Consumer Court cannot hear claims involving defective products leased under finance agreements. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that leasing disputes must be adjudicated by Banking Courts as such agreements fall under the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can the Consumer Court extend the limitation for filing a complaint without an application?
- No, the Consumer Court cannot extend the limitation period unless a formal application for condonation is filed by the complainant. In Askari Bank Ltd. v. Irfan Ahmed Niazi (2016 CLD 383 Lahore High Court), the court reaffirmed that failure to file such an application within the prescribed time renders the complaint inadmissible.
- Does the Consumer Court have jurisdiction over disputes with financial institutions?
- No, matters between financial institutions and customers fall under the jurisdiction of Banking Courts. In NIB Bank Ltd. v. Presiding Officer, District Consumer Court, Sialkot (2013 CLD 1105 Lahore High Court), the court ruled that consumer disputes involving banks must be resolved under the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can a Consumer Court award damages for negligence by diagnostic centres?
- Yes, if a diagnostic centre provides faulty or defective medical services, the Consumer Court can award damages. In Muhammad Javed Iqbal v. Abdul Latif Alvi (2012 PLD 319 Lahore High Court), the court held that the complainant, who suffered from a misdiagnosis, was entitled to relief as a consumer under the Punjab Consumer Protection Act, 2005.
- Does the Consumer Court have jurisdiction over claims involving excessive gas billing?
- No, claims of excessive gas billing are outside the Consumer Court’s jurisdiction. In Sui Northern Gas Pipelines Ltd. v. Ch. Muhammad Zahid (2015 PLD 31 Lahore High Court), it was determined that gas suppliers are not “manufacturers” under the Consumer Protection Act, and such matters should be referred to regulatory authorities like OGRA.
- Can a Consumer Court hear claims related to toll tax disputes?
- No, toll tax disputes do not fall within the jurisdiction of the Consumer Court, as toll collection is a statutory function. In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2014 PLD 200 Lahore High Court), the court ruled that toll tax collection by the National Highways Authority is not a consumer-related service and cannot be adjudicated by the Consumer Court.
- Does the Consumer Court have jurisdiction over medical malpractice claims?
- Yes, the Consumer Court has jurisdiction over medical malpractice claims as long as the complainant qualifies as a “consumer” and there is evidence of negligence. In Dr. Muhammad Asif Osawala v. Mrs. Qamar-un-Nisa Hakro (2022 PLD 430 Karachi High Court), the court held that the Consumer Court can proceed with medical negligence cases without requiring prior assessments from healthcare commissions.
- Can a Consumer Court adjudicate on service agreements for the sale of electricity?
- No, disputes relating to the sale or supply of electricity fall under the jurisdiction of the Electric Inspector or civil courts. In FESCO v. Sh. Jamil Ahmad (2016 CLC 1104 Lahore High Court), the court ruled that Consumer Courts do not have jurisdiction over disputes regarding electricity bills or connections.
- Can a Consumer Court handle claims involving defective leased vehicles?
- No, claims involving defective vehicles leased under finance agreements fall under the jurisdiction of Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), it was ruled that the Consumer Court has no authority to adjudicate disputes arising from financial lease agreements.
- Does the Consumer Court have jurisdiction over disputes involving group financing?
- No, group financing schemes do not fall under the jurisdiction of the Consumer Court. In Muhammad Javed Iqbal v. Abdul Latif Alvi (2012 CLD 1009 Lahore High Court), the court held that contributions made in financial schemes do not qualify as consumer transactions under the Punjab Consumer Protection Act, 2005.
- Does the Consumer Court have jurisdiction over claims against gas utility companies?
- No, claims involving billing disputes with gas utility companies fall under the jurisdiction of the Gas Utility Court. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), it was ruled that the Consumer Court lacks jurisdiction over disputes governed by the Oil and Gas Regulatory Authority Ordinance.
- Can a Consumer Court issue a mandatory injunction for the provision of electricity?
- No, the Consumer Court cannot issue mandatory injunctions for the provision of electricity. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), the court held that the Consumer Court’s jurisdiction is limited to assessing damages and cannot extend to mandamus orders.
- Can a Consumer Court adjudicate on service contracts involving banking institutions?
- No, service contracts involving banking institutions must be adjudicated by Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), the court ruled that banking-related disputes are outside the jurisdiction of the Consumer Court.
- Does the Consumer Court have jurisdiction over complaints against public authorities?
- No, the Consumer Court does not have jurisdiction over complaints involving public authorities performing statutory duties. In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2014 PLD 200 Lahore High Court), it was held that disputes involving toll collection fall under the National Highways Authority’s statutory powers and are not subject to consumer law.
- Can the Consumer Court extend the limitation period for filing a consumer complaint?
- Yes, the Consumer Court has the authority to extend the limitation period for filing a complaint, but this can only be done if a valid reason is presented. In Al-Ghazi Tractor Limited v. Peer Muhammad Ali (2019 CLC 580 Lahore High Court), the court emphasized that the extension must be requested by the complainant through a proper application.
- Is the Consumer Court’s jurisdiction limited to tangible goods and services?
- Yes, the jurisdiction of the Consumer Court is primarily confined to tangible goods and services. In Yasir Chaudhry v. Faisalabad Development Authority (2021 PLD 713 Lahore High Court), the court held that real estate and immovable property do not constitute “products” under the Consumer Protection Act, thus excluding such cases from the court’s jurisdiction.
- Does the Consumer Court have jurisdiction over complaints involving unauthorized gas connections?
- No, disputes involving unauthorized gas connections or excessive consumption are outside the Consumer Court’s jurisdiction. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), the court ruled that such disputes should be addressed by the Gas Utility Court under the relevant regulatory framework.
- Can the Consumer Court hear claims related to excessive billing by utility companies?
- No, billing disputes with utility companies fall under the jurisdiction of the Electric Inspector or civil courts. In EXN PESCO, Sub-Division-II v. Sher Afzal Khan (2018 PLD 26 Peshawar High Court), the court ruled that billing disputes are beyond the jurisdiction of the Consumer Court.
- Does the Consumer Court have jurisdiction over telecommunications complaints?
- No, disputes involving telecommunications services fall under the jurisdiction of the Telecom Consumers Protection Regulations, 2009. In Pakistan Mobile Communication Ltd. v. Judge District Consumer Court, Gujranwala (2015 PLD 204 Lahore High Court), the court ruled that telecommunications complaints should be resolved under federal law, not provincial consumer protection statutes.
- Can the Consumer Court handle disputes involving defective services provided by financial institutions?
- No, disputes involving defective services provided by financial institutions fall under the jurisdiction of Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), it was held that the Consumer Court lacks jurisdiction in cases governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Does the Consumer Court have jurisdiction over complaints of defective leased vehicles?
- No, the Consumer Court cannot hear complaints involving defective vehicles leased under finance agreements. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that such disputes must be resolved by Banking Courts.
- Can the Consumer Court adjudicate disputes involving service contracts with public authorities?
- No, service contracts involving public authorities performing statutory duties fall outside the Consumer Court’s jurisdiction. In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2014 PLD 200 Lahore High Court), the court ruled that toll collection disputes do not fall within the scope of consumer protection laws.
- Does the Consumer Court have jurisdiction over disputes involving defective gas connections?
- No, disputes regarding defective gas connections fall under the jurisdiction of the Gas Utility Court. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), the court held that such matters are governed by the Oil and Gas Regulatory Authority Ordinance.
- Can the Consumer Court hear complaints regarding the quality of medical services?
- Yes, the Consumer Court can adjudicate complaints regarding the quality of medical services, provided the complainant qualifies as a consumer. In Dr. Muhammad Asif Osawala v. Mrs. Qamar-un-Nisa Hakro (2022 PLD 430 Karachi High Court), the court ruled that medical negligence claims can be heard by the Consumer Court without requiring prior assessments from healthcare commissions.
- Does the Consumer Court have jurisdiction over service contracts involving banks?
- No, service contracts involving banks must be resolved by Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), it was held that the Consumer Court lacks jurisdiction in disputes between banks and customers.
- Can the Consumer Court adjudicate on billing disputes with public utility companies?
- No, billing disputes with public utility companies like WAPDA fall under the jurisdiction of civil courts or the Electric Inspector. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), the court ruled that WAPDA’s actions regarding the provision of electricity are administrative and not consumer-related services.
- Does the Consumer Court have jurisdiction over disputes involving leased products under finance agreements?
- No, disputes involving leased products under finance agreements must be resolved by Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), it was held that the Consumer Court does not have jurisdiction in such matters.
- Can the Consumer Court hear complaints of excessive gas billing?
- No, complaints of excessive gas billing are outside the jurisdiction of the Consumer Court. In Sui Northern Gas Pipelines Ltd. v. Ch. Muhammad Zahid (2015 PLD 31 Lahore High Court), it was determined that gas utility billing disputes should be referred to OGRA or relevant regulatory authorities.
- Does the Consumer Court have jurisdiction over disputes involving defective financial products?
- No, disputes involving defective financial products fall under the jurisdiction of Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), the court ruled that such disputes must be resolved under the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can a Consumer Court grant damages for non-performance of service agreements by financial institutions?
- No, disputes involving non-performance of service agreements by financial institutions fall outside the Consumer Court’s jurisdiction and must be resolved by Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), it was ruled that claims for damages arising from financial service agreements should be brought before the Banking Court as per the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Does the Consumer Court have jurisdiction over cases involving telecom services?
- No, telecom services are regulated under federal law, and disputes arising from such services fall under the jurisdiction of Telecom Consumers Protection Regulations, 2009. In Pakistan Mobile Communication Ltd. v. Judge District Consumer Court, Gujranwala (2015 PLD 204 Lahore High Court), the court held that Consumer Courts cannot adjudicate complaints related to telecommunication services.
- Can a Consumer Court hear claims for damages related to defective real estate services?
- No, real estate transactions, including development of housing schemes, are not within the jurisdiction of the Consumer Court. In Yasir Chaudhry v. Faisalabad Development Authority (2021 PLD 713 Lahore High Court), the court determined that real estate does not qualify as a “product” under the Consumer Protection Act, and such disputes must be resolved by civil courts.
- Does the Consumer Court have jurisdiction over energy theft cases?
- No, cases involving the theft of energy through electricity meters fall under the jurisdiction of the Electric Inspector or civil courts, not the Consumer Court. In Multan Electric Power Company v. Muhammad Islam (2019 YLRN 90 Lahore High Court), the court held that energy theft disputes must be addressed by the appropriate regulatory bodies.
- Can the Consumer Court entertain claims of excessive electricity bills?
- No, the Consumer Court does not have jurisdiction over disputes concerning excessive electricity billing, as these matters fall within the jurisdiction of the Electric Inspector. In EXN PESCO, Sub-Division-II v. Sher Afzal Khan (2018 PLD 26 Peshawar High Court), it was determined that billing disputes related to electricity consumption must be resolved through civil courts or regulatory bodies.
- Can a Consumer Court hear disputes involving leased vehicles and finance agreements?
- No, disputes involving leased vehicles and finance agreements must be adjudicated by Banking Courts, not the Consumer Court. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that such cases fall under the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can the Consumer Court hear complaints of excessive toll tax collection?
- No, disputes involving toll tax collection fall outside the jurisdiction of the Consumer Court, as toll tax is a statutory duty of the National Highways Authority (NHA). In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2014 PLD 200 Lahore High Court), the court ruled that toll tax collection is not a service for consumers, and the Consumer Court cannot adjudicate such matters.
- Does the Consumer Court have jurisdiction over medical negligence claims in Punjab?
- No, in Punjab, medical negligence claims fall under the jurisdiction of the Punjab Healthcare Commission. In Dr. Riaz Qadeer Khan v. Presiding Officer, District Consumer Court, Sargodha (2019 PLD 429 Lahore High Court), the court held that the Punjab Healthcare Commission has exclusive jurisdiction to investigate and penalise cases of medical malpractice, and the Consumer Court cannot adjudicate such matters.
- Can the Consumer Court extend the limitation period for filing complaints beyond statutory limits?
- The Consumer Court can extend the limitation period for filing a complaint, but such an extension is conditional upon a formal application being made. In Askari Bank Ltd. v. Irfan Ahmed Niazi (2016 CLD 383 Lahore High Court), it was ruled that the extension must be requested by the complainant through a proper application, and failure to do so renders the complaint inadmissible.
- Does the Consumer Court have jurisdiction over disputes involving faulty financial products?
- No, disputes involving faulty financial products fall under the jurisdiction of Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), it was ruled that financial disputes are governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001, which takes precedence over consumer protection laws.
- Can the Consumer Court hear claims for damages arising from faulty utility services?
- Yes, the Consumer Court can hear claims for damages arising from faulty services provided by utility companies, provided the claim involves defective services and the complainant qualifies as a consumer. In Tanvir Ahmad Butt v. Oratier Technologies (2018 CLD 1064 Lahore High Court), the court clarified that claims for damages related to defective services are within the jurisdiction of the Consumer Court.
- Does the Consumer Court have jurisdiction over complaints involving public sector entities performing statutory duties?
- No, the Consumer Court does not have jurisdiction over complaints involving public sector entities performing statutory duties. In General Manager, NHA, Multan v. Muhammad Aqeel Ahmedani (2014 PLD 200 Lahore High Court), it was ruled that toll collection by the National Highways Authority is a statutory function and not subject to consumer protection laws.
- Can the Consumer Court adjudicate disputes involving non-payment for leased vehicles?
- No, disputes involving non-payment for leased vehicles must be resolved by Banking Courts, not the Consumer Court. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that such disputes are governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can the Consumer Court hear cases related to unauthorized energy consumption?
- No, cases related to unauthorized energy consumption, such as electricity theft, fall outside the Consumer Court’s jurisdiction. In Multan Electric Power Company v. Muhammad Islam (2019 YLRN 90 Lahore High Court), it was held that disputes involving dishonest abstraction of energy must be resolved by the Electric Inspector.
- Does the Consumer Court have jurisdiction over disputes involving defective medical services?
- Yes, the Consumer Court can adjudicate disputes involving defective medical services, provided the complainant qualifies as a consumer. In Muhammad Javed Iqbal v. Abdul Latif Alvi (2012 PLD 319 Lahore High Court), the court held that a misdiagnosis or faulty medical report qualifies as a defective service, and the Consumer Court has jurisdiction over such claims.
- Can the Consumer Court hear complaints about faulty services provided by telecom companies?
- No, disputes involving telecom services are regulated under federal law, and the Consumer Court has no jurisdiction over such complaints. In Pakistan Mobile Communication Ltd. v. Judge District Consumer Court, Gujranwala (2015 PLD 204 Lahore High Court), the court ruled that telecom-related disputes fall under the Telecom Consumers Protection Regulations, 2009.
- Does the Consumer Court have jurisdiction over claims involving leased vehicles repossessed by banks?
- No, claims involving leased vehicles repossessed by banks must be adjudicated by Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), the court ruled that disputes arising from lease agreements fall under the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can the Consumer Court adjudicate billing disputes involving public utilities?
- No, billing disputes involving public utilities, such as electricity companies, fall under the jurisdiction of the Electric Inspector or civil courts. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), the court ruled that administrative disputes related to electricity billing are not subject to consumer protection laws.
- Does the Consumer Court have jurisdiction over claims involving faulty financial services?
- No, claims involving faulty financial services provided by banks or financial institutions must be resolved by Banking Courts. In Muhammad Yasin v. District and Sessions Judge (2017 CLD 1196 Lahore High Court), it was ruled that the Consumer Court cannot adjudicate disputes governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001.
- Can a Consumer Court hear claims involving defective products supplied under financial lease agreements?
- No, disputes involving defective products supplied under financial lease agreements fall under the jurisdiction of Banking Courts. In Askari Leasing Ltd. v. Presiding Officer (2015 CLD 196 Lahore High Court), it was ruled that financial lease disputes are governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001, and cannot be adjudicated by the Consumer Court.
- Can the Consumer Court extend the limitation period for filing a complaint if the delay is justified?
- Yes, the Consumer Court can extend the limitation period for filing a complaint if a formal application is made and sufficient cause is demonstrated. In Al-Ghazi Tractor Limited v. Peer Muhammad Ali (2019 CLC 580 Lahore High Court), the court ruled that the Consumer Court has the discretion to allow a late filing, provided a valid reason is shown.
- Does the Consumer Court have jurisdiction over claims involving energy theft?
- No, claims involving energy theft fall under the jurisdiction of the Electric Inspector or civil courts, not the Consumer Court. In Multan Electric Power Company v. Muhammad Islam (2019 YLRN 90 Lahore High Court), it was determined that energy theft disputes are outside the scope of consumer protection laws.
- Can the Consumer Court hear claims for damages arising from defective healthcare services?
- Yes, the Consumer Court can adjudicate claims for damages arising from defective healthcare services if the complainant is considered a consumer under the law. In Muhammad Javed Iqbal v. Abdul Latif Alvi (2012 PLD 319 Lahore High Court), the court ruled that the Consumer Court has jurisdiction over medical negligence claims when faulty services are provided.
- Does the Consumer Court have jurisdiction over disputes involving unauthorized gas usage?
- No, disputes involving unauthorized gas usage or billing fall under the jurisdiction of the Gas Utility Court. In Amjad Rehman v. Fahad Ali (2017 CLC 1160 Peshawar High Court), the court ruled that such disputes must be resolved through the mechanism provided by the Oil and Gas Regulatory Authority Ordinance.
- Can the Consumer Court handle billing disputes involving public utility companies?
No, billing disputes involving public utility companies such as WAPDA are not within the Consumer Court’s jurisdiction. In Chief Executive, FESCO, Faisalabad v. Nayab Hussain (2010 PLD 95 Lahore High Court), the court ruled that such disputes fall under the jurisdiction of the Electric Inspector or civil courts
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