Law: Islamabad Consumers Protection Act, 1995

Section: 2(1)(2)(3)(4)(5)(6),6,8,9

(a) Islamabad Consumers Protection Act (III of 1995)--- ----Preamble, Ss.2(1)(2)(3)(4)(5)(6), 6, 8 & 9---"Unfair trade practice"---Scope---Appellant in the present case approached Pathalogical Laboratory for tests---Report compiled by the Laboratory showed 'Celiac Disease'---Physician on the basis of the said report advised the appellant not to eat wheat or any of its by-products---After about more than a year, the tests were conducted again from another Laboratory---Report, provided the said other Laboratory indicated that appellant was not suffering from 'Celiac Disease'---Complaint of appellant was dismissed by the competent authority on the ground that act of Laboratory did not fall within the purview of "unfair trade practice"---Jurisdiction of Authority, constituted under Islamabad Consumers Protection Act, 1995 could be invoked under S.6(1) of the Act, and procedure for disposal of complaint was provided under S.8 of the Act---Complainant, could in respect of any service provided or supplied, file a complaint with the Authority---Islamabad Consumers Protection Act, 1995, was enacted to promote and protect the interests of the consumers and was passed to protect society and individuals from exploitation---Laboratory which undertook the first test provided =service of conducting Pathological test on the basis of which medical treatment ensued---Conduction of the tests, and compilation of report constituted "services" within the meaning of Islamabad Consumers Protection Act, 1995---Said Act was enacted to protect the society, and such like enactments, were to be given purposive interpretation, keeping in regard the basic intent of the statute and without transgressing its objects and scope---Appellant being a consumer and Laboratory rendered service to the consumer, complaint before the Authority could be instituted---Authority, misconstrued the provisions of Islamabad Consumers Protection Act, 1995 by holding that the complaint was not maintainable---Impugned order was set aside, and matter was remanded to the Authority for decision on merits, in circumstances. (b) Interpretation of statutes--- ----Law enacted to protect the Society was to be given…

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