Law: Punjab Consumer Protection Act, 2005

Section: 2(j),25,31,33

Law: Sale of Goods Act, (III of 1930)

Section: 2(7)

Punjab Consumer Protection Act (II of 2005)--- ----Ss. 2 (j), 25, 31 33---Sale of Goods Act (III of 1930), S. 2(7)---Term product---Consumer Court, jurisdiction of---Development facilities in housing scheme purchased plots in housing scheme launched by respondent invoked jurisdiction of Consumer Court to get development facilities in housing scheme---Consumer Court dismissed claim of appellant---Validity---Term product was mainly derived from movable property and land was specifically excluded from the goods under Sale of Goods Act, 1930---Though word immovable was also referred in S.2(j) of Punjab Consumer Protection Act, 2005, but land could not be termed as a product---In order to invoke jurisdiction of Consumer Court, claimant must first qualify to be a consumer---For such purpose, a person had to qualify that he had purchased or obtained on lease any product for a consideration or hired any services for a consideration from service provider---Jurisdiction of Consumer Court was different from Constitutional Court---Consumer Court was bereft of any jurisdiction to pass direction in the form of mandamus---High Court declined to interfere in the order passed by Consumer Court, as it had no jurisdiction to entertain claim of appellant---Appeal was dismissed, in circumstances. Defence Housing Authority, Islamabad through its Secretary and another v. Malik Khalid Mahmood PLJ 2014 Lah. 24 ref. Muhammad Ameer Qazi v. Muhammad Asif Ali and others PLD 2015 Lah. 235; Mst. Hira Rehman v. Chancellor, Government College University, Lahore and 2 others 2011 CLC 377; Engineer Jameel Ahmad Malik v. Shaukat Aziz and 6 others 2007 CLC 1192; Muhammad Hanif and 2 others v. Muhammad Sadiq and 14 others 2019 MLD 846; Messrs Askari Leasing Ltd. through Chief Manager v. Presiding Officer and another PLD 2015 Lah. 140 and Chief Executive, FESCO, Faislabad and 2 others v. Nayab Hussain PLD 2010 Lah. 95 rel. JUDGMENT MIRZA VIQAS RAUF, J.--- The appellant herein is aggrieved of order of dismissal of his claim passed by the learned Consumer Court, Faisalabad. 2. Facts in brief necessary for adjudication of instant appeal are that on launching a housing scheme on Motorway M-III in the…

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