Law: Punjab Consumer Protection Act, 2005

Section: 5,6,7,8

(a) Punjab Consumer Protection Act (II of 2005)--- ----Ss. 5, 6, 7 8---Defective motor vehicle---Claim filed against manufacturer of vehicle before the Consumer Court---Alleged defects not mentioned in the pleadings---Effect---Claim filed by respondent/claimant did not make any specific mention of the alleged defects in the vehicle---Even the legal notices sent by respondent made no mention of any specific defects, and it was only in his affidavit, submitted as his examination-in-chief, that he mentioned the defects---Litigant was required to plead all material facts that were necessary to seek the relief claimed and then to prove the same through evidence---Parties were required to lead evidence in consonance with their pleadings and no evidence could be led or looked into in support of a fact or a plea that had not been taken in the pleadings---Notably, respondent also admitted in his cross-examination that he had not described the specific defects in the vehicle in his pleadings/claim---Therefore, the defects alleged in the affidavit of respondent were beyond the scope of the pleadings and, hence, could not have been considered---Appeal was allowed and claim filed by respondent was dismissed. Muhammad Ghaffar v. Arif Muhammad 2023 SCMR 344; Saddaruddin v. Sultan 2021 SCMR 642; Moiz Abbas v. Latifa 2019 SCMR 74 and Muhammad Tariq v. Shamsa PLD 2011 SC 151 ref. (b) Punjab Consumer Protection Act (II of 2005)--- ----S. 30(1)(c)---Defective motor vehicle---Claim filed against manufacturer of vehicle before the Consumer Court---Expert evidence---Where the defects alleged are of such a nature that required expert inspection or probe, the onus to provide such expert evidence falls on the consumer who is alleging that the product is defective or faulty---Where such defects are alleged by the consumer, a Consumer Court, before deciding that a certain product is defective or faulty, must satisfy itself that sufficient expert evidence is available and could be relied upon to ascertain the defects so alleged instead of merely placing reliance on the statement of a consumer who may not be from the related field of expertise and therefore, not competent to address the…

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