Law: Punjab Consumer Protection Act, (II of 2005)

Section: 2(c),2(c)(i),2(c)(ii)

Punjab Consumer Protection Act (II of 2005)--- ----S. 2(c)---'Consumer", "Service provider"---Consumer Court jurisdiction of---Scope---To confer jurisdiction upon Consumer Court, there must be a "consumer" having grievance either against a manufacturer or service provider, however buyer for re-sale or hire for any commercial purpose were excluded from the definition of a "consumer"---Contribution of amount on monthly basis by the complainant with group of persons in order to pay the same turn by turn on monthly basis, did not bring complainant within the definition of "consumer" provided in S.2(c)(i) of Consumer Protection Act, 2005---Section 2(c)(ii) of the Act defined "consumer" as a person who hired services for a consideration, but in the present case, every contribution paid and received equal amount and the "collector", by collecting the amount on monthly basis had no additional benefit which could be termed as "consideration" in order to establish the complainant as a "consumer"---Section 21 of the Consumer Protection Act, 2005 was not applicable in view of the facts of the case and specifically S.21(c) and (d) of the Consumer Protection Act, 2005, did not apply as no representation regarding particular kind, standard or equality of service was made by the collector of the amount and similarly there was no representation on part of the "collector" concerning his skill, qualification or experience in providing alleged service---Grievance of complainant was outside the jurisdiction of Consumer Court---Impugned order of Consumer Court was set aside---Appeal was allowed. JUDGMENT MEHMOOD MAQBOL BAJWA, J.---Legality and validity of order dated 15-10-2008 recorded by learned District Consumer Court, Faisalabad, has been called in question by appellant whereby the claim of respondent to the tune of Rs.2,70,000 was granted. 2. The respondent filed complaint against the appellant with the allegation that he being member of "Committee" joined the appellant, subscribing Rs.8,000 per month to him with understanding by the appellant to pay the respondent Rs.2,40,000 after completion of 30 months. The appellant despite undertaking and commitment failed to deliver the…

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