| Citation(s) |
|---|
| 2016 SLG 2000 2016 SLD 2000 2016 PLJ 437 |
Islamabad High Court
Consumer Appeals No. 5, 6 of 2011 and 113, 185 of 2015, Crl.A. Nos. 11, 15, 40 of 2016, 113 & 185 of 2015, decided22.3.2016. Dates of hearing: 4.3.2016, 18.3.2016.
MOHSIN AKHTAR KAYANI, JUSTICE
Barrister Faisal Khan, Advocate for
Respondents (in Consumer Appeal No. 5/2016).Barrister Faisal Khan, Advocate for
Respondents (in Consumer Appeal No. 6/2016).Barrister Faisal Khan, Advocate for Appellants (in Crl. A. No. 11/2016).Barrister Faisal
Consumer Appeals No. 5, 6 of 2011 and 113, 185 of 2015, Crl.A. Nos. 11, 15, 40 of 2016, 113 & 185 of 2015, decided22.3.2016. Dates of hearing: 4.3.2016, 18.3.2016.
MOHSIN AKHTAR KAYANI, JUSTICE
Barrister Faisal Khan, Advocate for
Respondents (in Consumer Appeal No. 5/2016).Barrister Faisal Khan, Advocate for
Respondents (in Consumer Appeal No. 6/2016).Barrister Faisal Khan, Advocate for Appellants (in Crl. A. No. 11/2016).Barrister Faisal
ASHFAQ AHMED KHAN AND others--AppellantSVSPTCL AND others--RespondentS
Law:
Section:
Islamabad Consumer Protection Act, 1995---.--- ---.---Ss. 8 & 9---.---Misusing copy of CNIC---.---Compensation and damages---.---Victim of unfair trade practice/criminal breach of trust---.---Punished---.---Summary trial---.---It is necessary for an "Authority" to follow procedure of Section 8 for punishment or compensation purposes---.---It is imperative upon Courts to adopt meaning of ordinary sense or to use dictionary meanings even they are bound to follow meaning generally defined in different authoritative decisions of High Courts and Supreme Court---.---Therefore, in order to clarify entire procedural steps authority/Court has to observe following steps during consumer complaints in terms of Act, 1995 because no word or words of summary trial is/are mentioned in Act while adjudicating upon complaints filed under Act, 1995 by "Authority"---.---Authority i.e. Court of Session during course of examination of complaint, if authority/Court formulated its opinion on basis of prima facie reading of available facts, documents, evidence and correspondence of parties if any comes to conclusion that any right of consumer has been infringed then Section 8(3) comes into play i.e. "it shall cause notice of complaint to be served on respondent who shall required to give his reply within period of 7 days". Islamabad Consumer Protection Act, 1995---.--- ---.---S. 9(1)(2)---.---Summary trial---.---Misusing copy of CNIC---.---Criminal breach of trust---.---Penalties---.---Special magistrate---.---Difference of penalty, fine and compensation---.---Validity---.---Special magistrate can award punishment to extent of six (6) months---.---If quantum of punishment to be awarded is more than six (6) months, "Authority" Court of Sessions can also pass same after adopting procedure under Cr.P.C.---.---After holding enquiry in terms of Section 8-A of Act to impose fine as punishment then it must be differentiated from compensation. Islamabad Consumer Protection Act, 1995---.--- ---.---S. 9(3)---.---Misusing of copy of CNIC---.---Penalties---.---Summary trial---.---Unfair trade practice, if proved after holding an enquiry by authority---.---Due process of law---.---However,…