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

Section: 27,28(1)(3)

Punjab Consumer Protection Act, 2005-- ----S. 27--Allocation for Installation of transformers--Violation of allocation of transformers in residential areas--Filling of complaint in consumer Court--Accepted--Jurisdiction--Challenge to--Punjab Consumer Protection Act, 2005 (Act is) not a Court of general jurisdiction, so it is its duty to examine allegations raised in complaint in order to determine its jurisdiction--Complaint made by respondent is vague and general allegations have been leveled therein--Only prayer of respondent in said complaint is regarding installation of transformers or allocated sites and there is no dispute regarding any defective products or faulty services--As such complaint made by respondent does not confer jurisdiction to Consumer Court to adjudicate upon same--Admittedly, appellants distribute and supply electricity to consumers within territory under a Distribution License granted; by National Electric Power Regulatory Authority (NEPRA) in pursuance of Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997 (NEPRA Act), which is a Federal Statute and as such Consumer Court has no jurisdiction to deal with matter--So Consumer Court has transgressed its powers and erred in law while assuming its jurisdiction in matter--F.A.O was allowed. 2016 CLC 1417 & PLD 2016 Lahore 168, 2016 CLD 1546 Lah. ref. Punjab Consumer Protection Act, 2005-- ----S. 28(1) & (3)--Allocation of transformers--Violation of allocation of transformers--Non issuance of mandatory notice--Non recording of evidence--Challenge to--Respondent; has not given been date when he got allocated transformers for which residential scheme and date on which, in violation of such allocation transformers were installed at other residential area(s)--Respondent has also failed to mention date when cause of action has arisen in his favour and before approaching learned Consumer Court he had issued any legal notice to appellant or not--Whereas under Section28(1) & (3) of Act issuance of notice is mandatory and without such legal notice complaint cannot be filed--Complaint of respondent is suffering from inherent defects and even controversy…

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