Law: Punjab Consumer Protection Act, (II of 2005)

Section: 33,27

Law: Punjab Consumer Protection Act, (II of 2005)

Section: 33,27

Law: Limitation Act, 1908

Section: 5

(a) Punjab Consumer Protection Act (II of 2005)--- ----S. 33---Limitation Act (IX of 1908) S. 5---Appeal to High Court---Limitation---Condonation of delay---Provisions of S. 5 of Limitation Act, 1908 had been excluded from application to cases covered by special laws and therefore, cases instituted under Punjab Consumer Protection Act, 2005,which was a special law, could not be governed by provisions of S. 5 of the Limitation Act, 1908---Benefits available for seeking condoation of delay under S. 5 of the Limitation Act, 1908 therefore, could not be extended in such cases---Appellate Court, under S.33 of the Punjab Consumer Protection Act, 2005 did not have suo motu powers in respect of condoning delay. Hafeez Ahmad and others v. Civil Judge, Lahore and others PLD 2012 SC 400 distinguished. (b) Punjab Consumer Protection Act (II of 2005)--- ----S. 27---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S. 7---Jurisdiction of Consumer Court in respect of matters between a Financial Institution/Bank and its customer---Consumer/complainant sought damages from respondent Bank contending inter alia that he had paid all due instalments of the auto vehicle leased from the bank, however, the bank despite repeated requests, did not release the registration book of said vehicle and had created an embargo on further transfer of the vehicle's ownership---Consumer Court directed respondent Bank to pay damages to the consumer/complainant---Contention of the Bank was that said matter fell under the exclusive jurisdiction of the Banking Court under the Financial Institutions (Recovery of Finances) Ordinance, 2001, and the Consumer Court had no jurisdiction in the matter---Validity---No objection regarding jurisdiction of the Consumer Court was raised by the Bank before the Consumer Court---Consumer Court was vested with the power granting damages to the complainant/consumer in view of the peculiar circumstances of the case---Appeal was dismissed in circumstances. ORDER NASIR SAEED SHEIKH, J.---Respondent No.2 Muhammad Asif Maqsood Sheikh was a consumer of the appellant-bank who obtained a vehicle on lease/instalments from the bank. The said respondent No.2…

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