Case Details

Citation(s)
2016 SLG 2340 2016 SLD 2340 2016 PLD 112
Islamabad High Court
Consumer Appeals Nos. 5, 6 and Criminal Appeals Nos. 11, 15and 40 of 2016, 113, 185 of 2015, decided on 22nd March,2016. Dates of hearing: 4th March, 2016 and 18th March,2016.
MOHSIN AKHTAR KAYANI, JUSTICE
Barrister Faisal Khan for
Respondent (in Consumer Appeal No. 5 of 2016).Barrister Faisal Khan for
Respondent (in Consumer Appeal No. 6 of 2016).Barrister Faisal Khan for Appellants (in Criminal Appeal No. 11 of 2016).Barrister Faisal Khan for Appell

ASHFAQ AHMED KHAN-VSPTCL AND others

Law:

Section:

(a) Constitution of Pakistan--------- ----------Art. 10-A---------Fair trial, right to---------Due process, doctrine of---------Scope---------'Due process of law' imposed duty upon the courts, Authority, Justiceudicial or quasi- judicial forum, executives to give fair opportunity to everyone to defend himself, afford a fair opportunity for submission of cases by means of pleadings and allow them to appear in person, record their statement, cross- examine the witnesses against them and produce the record in terms of law---------Courts, administrative Tribunal, executive officers were under duty to follow the procedure available in the relevant laws, statute in a manner as provided and if the procedure was silent even then the minimum standard was to be followed on the touchstone of Art. 10-A of the Constitution, failing which the entire edifice constructed would crumble down---------Where all said ingredients were missing in impugned orders, as the same had been passed without taking into consideration the very spirit of the law and procedure and general terms 'examination, inquiry, opinion, consideration, opportunity of being heard and deem appropriate' were not considered in their true perspective, High Court, setting aside the impugned orders, remanded the case to the Authority for decision afresh after adhering to the procedure in accordance with the law---------Appeal was allowed accordingly. (b) Islamabad Consumer Protection Act (III of 1995)---------- ----------Ss. 8 & 9----------Procedure for disposal of complaint---------Scope---------Islamabad consumer Protection Act, 1995 provides two ways to protect the consumer: firstly, by way of punishment to be awarded to a person playing unfair trade practice with the consumer while adopting Criminal Procedure Code, 1898 and secondly, by granting compensation to the consumer---------Islamabad Consumer Protection Act, 1995 differentiates the procedural aspect of punishment and compensation---------Under Islamabad Consumer Protection Act, 1995, the Authority has to follow the procedure of S. 8 of the Act for punishment and compensation purposes. (c) Islamabad Consumer Protection Act (III of 1995)---------…
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