Law:

Section:

(a) Pakistan Telecommunication (Re-organization) Act (XVII of 1996)---.--- ---.----S. 4(m)---.---Telecom Consumer Protection Regulations, 2009, Regln.8 ---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Unfair commercial practices---.---Protection of consumer rights---.---Maxim: Audi alteram partem---.---Applicability---.---Public interest---.---Petitioner mobile telecommunication-services companies impugned order of Pakistan Telecommunications Authority ("PTA") whereby "prize-schemes"/lucky draw were suspended by the PTA on the ground that such schemes were prima facie contrary to the law and in violation of Regln. 8 of the Telecom Consumer Protection Regulations, 2009---.---Contention of the petitioners was, inter alia, that such suspension amounted to being condemned unheard and was contrary to the principle of audi alteram partem---.---Validity---.---Petitioners had themselves pleaded that the prize schemes were launched for the purpose of marketing and providing incentives to the customers, but the same did not affect their original business, therefore , no right of the petitioners was being infringed and petitioners could not allege the same to be a natural right---.---Petitioners had stated before the court that they were not capable of stopping malpractices associated with such schemes, and therefore, they were not capable of taking responsibilities, and could not claim rights on the same footing---.---Under provisions of the Pakistan Telecommunication Re-organization Act, 1996; consumer's interest was protected and was therefore, an undisputed legal right---.---Under Ss.4(m) and 18 of the said Act, paramount consideration was consumer's interest---.---Consumers could not be left to the mercy of the telecom companies, as such schemes had been launched without any accountability---.---Relief claimed by petitioners was against public interest---.---Constitutional petitions were dismissed, in circumstances. PLD 1989 FSC 60; 2001 CLC 385; 2010 PLD SC 61; PLD 1992 SC 153; 2004 YLR 1161; 2006 CLC 342; 1998 SCMR 1863; 2007 SCMR 289; 2007 SCMR 410; 2011 YLR 2705; 2010 PLD SC 676; PLD 1989 SC 61; PLD 1965 SC 90; 2008 CLC 694; 2003 CLC…

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