Law: Khyber Pakhtunkhwa Consumers Protection Act, (VI of 1997)

Section: 2(g),(n),16,17

Law: Khyber Pakhtunkhwa Environmental Protection Act, (XXXVIII of 2014)

Section: 22

Khyber Pakhtunkhwa Consumers Protection Act (VI of 1997)--- ----Ss. 2(g), (n), 16, 17 Preamble--- Khyber Pakhtunkhwa Environmental Protection Act (XXXVIII of 2014), S. 22---Consumer protection---Service---Scope---Environment protection---Appellants were employees of Municipal Committee and complainant sought relocation of dumping zone for garbage of the city---Appellants were aggrieved of conviction awarded by Trial Court for violating directions issued to them---Validity---To encourage fair trade practices and to protect legitimate interests of consumers, Khyber Pakhtunkhwa Consumer Protection Act, 1997, was promulgated---Consumer is the person who buys goods for consideration or hires services---To attract provision of Khyber Pakhtunkhwa Consumer Protection Act, 1997, complainant had to prove that he was a consumer by way of purchase of goods or hired services of a service providers for consideration---Respondent/ complainant neither purchased any goods nor hired services of appellants, rather they were aggrieved from the actions/acts of appellants for establishing a dumping site for waste material, creating hazard and nuisance to nearby population---Grievance of respondent/complainant was not in respect of goods for services in view of S. 2(g) (n) of Khyber Pakhtunkhwa Consumer Protection Act, 1997---Matter fell within the jurisdiction of Tribunal established under Khyber Pakhtunkhwa Environmental Protection Act, 2014---High Court set aside conviction and sentence awarded to appellants and remanded the matter to Trial Court to return the complaint for presenting it before competent forum---Appeal was allowed accordingly. JUDGMENT FAZAL SUBHAN, J.---Appellants, Chief Officer and Sanitary Inspector, Municipal Committee Khalabat Township, Haripur, have filed instant appeal against the judgment and order passed by the learned Sessions Judge/Judge Consumer Court, District Haripur, dated 15.12.2021 in complaint No.319/CC/2021, whereby the complaint of the respondent was allowed, directing the appellants/respondents therein, to relocate the dumping site to some area which could not affect the public or cause nuisance within one month from the date of passing of the…

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