Law:

Section:

(a) Punjab Consumers Protection Act (II of 2005)--- ----Ss. 28(2), 28(4), 30(1)(c)---Consumer Court vide its order had directed the manufacturer (appellant) to provide a new refrigerator to the consumer (respondent) and pay compensation to the consumer---Said order of Consumer Court was assailed by the manufacturer (appellant)---Validity---Notice under S. 28 of the Punjab Consumers Protection Act, 2005 was sent to the retailer but not the manufacturer, and therefore the claim of the consumer was not to be entertained by the Consumer Court---Appellant (Manufacturer) was arrayed as respondent in the complaint on 17-3-2009 and the cause of action, according to the contents of the complaints, arose 3 or 4 days after the purchase of the refrigerator on 19-5-2008 ; and therefore the claim of the consumer was barred by time---No application under proviso to S. 28(4) of the Punjab Consumers Protection Act, 2005 for condonation of delay was made by the consumer---Grievance of consumer regarding improper functioning of the refrigerator was a technical matter , and the Consumer Court instead of deciding the matter on oral evidence should have invited expert evidence within the meaning of S.30 of the Punjab Consumers Protection Act, 2005---Judgment of Consumer Court was set aside---Appeal was allowed, in circumstances. (b) Punjab Consumers Protection Act (II of 2005)--- ----S. 30(1) (c)---Expert Evidence---Grievance of consumer regarding improper functioning of the refrigerator was a technical matter, and the Consumer Court instead of deciding the matter on oral evidence, should have invited expert evidence within the meaning of S. 30 of the Punjab Consumers Protection Act, 2005. JUDGMENT MEHMOOD MAQBOOL BAJWA, J.---Feeling dissatisfied with the judgment dated 28-4-2009, recorded by learned District Consumer Court, Sargodha, present appellant arrayed as respondent No.2 in the complaint filed by the respondent calls in question the vires of said judgment by way of present appeal. 2. Necessary facts resulting in preference of present appeal are that present respondent filed a complaint before the learned District Consumer Court, Sargodha, with the allegation that on…

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