Law: Punjab Consumer Protection Act, 2005

Section: 28

Law: Limitation Act, 1908

Section: 19

(a) Punjab Consumer Protection Act (II of 2005)--- ----S. 28---Limitation Act (IX of 1908), S. 19---Settlement of claims---Limitation---Effect of acknowledgment in writing---Scope---Appellant got booked his commodities through cargo service of respondents---Cargo of the respondents was stolen aways admitted the claim of appellant and issued a cheque, which was dishonoured on its presentation---Legal notice was served upon the respondents that was followed by filing of the claim in the Consumer Court---Consumer Court dismissed the claim on the ground that it was barred by time in terms of subsection (4) of S. 28 of Punjab Consumer Protection Act, 2005---Appellant claimed extension in period of limitation on the ground that when the respondents were approached, without issuing a formal written notice, they solicited time from the appellant to trace the goods but later on admitted the claim and handed over a cheque---Validity---Even if the cheque was taken as an acknowledgment, it was issued after expiry of the specified period of thirty days---Fresh cause of action on the basis of acknowledgment would have come into play had the cheque been issued before the expiration of the thirty days---Appeal was dismissed. M.S. Port Services (Pvt.) Ltd. v. Port Qasim Authority PLD 2012 Sindh 182 ref. (b) Punjab Consumer Protection Act (II of 2005)--- ----S. 28---Settlement of claims---Limitation---Scope---Punjab Consumer Protection Act, 2005, has been enacted with an avowed aim to protect the consumers and their rights as is evident from the reading of the preamble of the Act, the businesses and the interest of the society are also required to be safe-guarded---Both the rights of the consumers and those of society and/or businesses have to be protected simultaneously---Under the Act, on one end of the fulcrum is the objective to provide a speedy and effective remedy to the consumer and on the other end is the consideration to ensure that the businesses are not burdened by the time barred cases---Scheme of law envisaged under the Act is unequivocal in this regard. (c) Punjab Consumer Protection Act (II of 2005)--- ----S. 28(1)---Settlement of…

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