Law: Islamabad Consumers Protection Act, 1995

Section: 2(c)(e),8,8A,10

Law: Criminal Procedure Code (V of 1898)

Section: 410,417,439

Law: Pakistan Medical and Dental Council Ordinance (XXXII of 1962)

Section: 31(4)

(a) Islamabad Consumers Protection Act (III of 1995)--- ----Ss. 2(c) & (e), 8 & 8-A---Pakistan Medical and Dental Council Ordinance (XXXII of 1962), S. 31(4)---Pakistan Medical and Dental Council Regulation, 2008, Reglns. 19 & 30---Complaint---Maintainability---Terms 'consumer' and 'services'---Scope---Appellant was a hospital and was aggrieved of complaint filed by patient under Islamabad Consumers Protection Act, 1995---Plea raised by appellant was that complaint before Trial Court was not maintainable and remedy had been provided under Pakistan Medical and Dental Council Ordinance, 1962---Validity---Where consumer under Islamabad Consumers Protection Act, 1995 availed medical services after paying consideration, as such the same fell within definition of 'consumer' as defined in S.2(c) of Islamabad Consumer Protection Act, 1995---Such 'services' provided by appellant fell within definition of S. 2(e) of Islamabad Consumer Protection Act, 1995---Only difference in both special laws i.e., Islamabad Consumer Protection Act, 1995 and Pakistan Medical and Dental Council Ordinance, 1962 as well as Pakistan Medical and Dental Council Regulation, 2008 was of compensation which could only be given under consumer law whereas Pakistan Medical and Dental Council laws were silent to that extent---Trial Court could entertain complaint of any consumer, if it had come to prima facie view that a case of medical negligence of any doctor came on record, then matter could be sent to Medical and Dental Council authorities for their opinion with time limitation---Pakistan Medical and Dental Council after adopting their own procedure could submit their report to Trial Court whereafter complaint under Islamabad Consumer Protection Act, 1995 could be processed for purpose of compensation---Complaint was maintainable in circumstances. Dr. Shamshad Hussain Syed v. District Consumer Court, Lahore PLD 2010 Lah. 214 rel. (b) Islamabad Consumer Protection Act (III of 1995)--- ----Preamble--- Object, scope and purpose of the Act: To promote and protect interest of consumers and to protect society and individuals from exploitation---Such like enactments must be given purposive…

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