Law:

Section:

Punjab Consumer Protection Act (II of 2005)------- --------Ss. 33, 27, 25, 13 & 3-------Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 7 (4) & 2(a)-------Constitution of Pakistan, Art. 143-------Consumer complaint-------Liability for defective services-------Jurisdiction of Consumer Court regarding matter between financial institutions and their customers-------Scope-------Respondents filed application for rejection of the complaint on the ground that the Consumer Court had no jurisdiction to try the complaint as the matter was between the financial institution and its customer, which was dismissed by the Consumer Court-------Respondent, later on, filed application for revisiting said order of dismissal, which was also dismissed-------Petitioner contended that impugned order being interlocutory order present appeal was not competent-------Validity-------Impugned orders to the extent of the applications were final and not interlocutory orders-------Matters in hand were between Bank and customers-------Bank fell within the definition of 'financial institutions'-------Matters pertaining to the financial institutions with their customers could only be taken up and decided by the Banking Court as provided under S. 7(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001-------Consumer Court had no unfettered powers and certain restrictions existed in S. 3 of the Punjab Consumer Protection Act, 2005, which provided that the Act would be in addition to, and not in derogation of, the provisions of any other law-------Consumer Court, therefore, had transgressed its powers and erred in law while assuming jurisdiction in the matter in hand and entertaining the complaint-------Financial Institutions (Recovery of Finances) Ordinances, 2001, in terms of Art. 143 of the Constitution, being a Federal statute, had precedence over the Consumer Protection Act, 2005-------High Court, setting aside the impugned orders, dismissed the complaint-------Appeal was allowed in circumstances. Messrs Askari Leasing Ltd. through Chief Manager v. Presiding Officer and another 2015 CLD 196 = PLD 2015 Lah. 140 and Allied Bank Ltd. Faisalabad…

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