Law:

Section:

(a) Punjab Consumer Protection Act (II of 2005)--- ----Ss. 2(c)(i), 4, 8, 25 & 28(4)---Punjab General Clauses Act (VI of 1956), Ss.2 & 2(47)---Constitution of Pakistan, Art.199---Constitutional petition---Liability for defective products---Determination---Terms 'consumer' and 'commercial purpose'---Definition and scope---Limitation and negligence in using product, determination of---Principles---Complaint under S.25 of Punjab Consumer Protection Act, 2005 on ground that solar energy system installed by respondent was not working properly, which complaint was entertained by Consumer Court---Respondent contended that complaint could not be entertained as complainant did not fall within definition of 'consumer' as he had used solar energy system for commercial purpose---Validity---Under S.2(c) Punjab Consumer Protection Act, 2005, 'consumer' meant person or entity who bought or obtained any product against consideration and any user of such product but did not include person or entity who obtained any product for resale or for any commercial purpose, which did not include use of product by consumer only for purpose of his livelihood as self-employed person---Definition of 'consumer' showed that two words 'person' and 'entity' had been used---Word 'person' was not defined in Punjab Consumer Protection Act, 2005, for which provision of S.2 of Punjab General Clauses Act, 1956 would be invoked---Section 2(47) of Punjab General Clauses Act, 1956 defined 'person' as 'Person shall include any company or association or body of individuals, whether incorporated or not.'---Section 2 (e) of Punjab Consumer Protection Act, 2005 defined 'entity' as 'Entity means organization that has legal identity apart from its members'---Definition of 'consumer' was very comprehensive, which not only covered consumer of products but also consumer of services and extended from person who bought any commodity to consume either as eatable or otherwise from shop, business place, corporation, store, fair price shop to use private or public service---When any expression or word was not defined in an Act, then its common parlance meaning should have been given, and according to which words…

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