| Citation(s) |
|---|
| 2011 SLG 480 2011 SLD 480 2011 PLD 239 |
Lahore High Court
Regular First Appeal No. 439 of 2008, decided on 9th December, 2010
NASIR SAEED SHEIKH, J
Rana Zia Abdul Rehman for Appellants
Regular First Appeal No. 439 of 2008, decided on 9th December, 2010
NASIR SAEED SHEIKH, J
Rana Zia Abdul Rehman for Appellants
ALLAMA IQBAL OPEN UNIVERSITY through Vice Chancellor and 4 others
VS
IRFAN BOOTA and another
Law: Punjab Consumer Protection Act, (II of 2005)
Section: 2(c),2(k),28
Punjab Consumer Protection Act (II of 2005)--- ----Ss. 2(c)(k), 25 & 28-'Consumer'; `Services'---Meaning and scope---Consumer Court awarded compensation totalling Rs.20,000 to complainant/student who was declared failed by the university as his assignment was not sent to the Controller of Examination of the University by his tutor---University contended that the complainant, being a student, was not a "consumer" as defined by clause (c) of S.2 of the Punjab Consumer Protection Act, 2005 and that the services provided by the university also did not fall within the definition of `services' contained in clause (k) of the Punjab Consumer Protection Act, 2005---Validity---University was an educational institution and could not be described to have undertaken commercial activity---Definition of the term `consumer' in clause (c) of S.2 of the Punjab Consumer Protection Act, 2005 contemplated hiring of services for a consideration and the definition was not applicable to the matter wherein a student had submitted application for appearing in any examination to be conducted by an educational institution---Neither the student appearing in the examination held by the university could be described as a `consumer' as defined in S.2(c) of the Punjab Consumer Protection Act, 2005, nor the university was a `service provider' as envisaged in the provisions of S.2(k) of the Punjab Consumer Protection Act, 2005---Complaint lodged by the student was not entertainable by the Consumer Court---Appeal was accepted and impugned order was set aside. University of Jammu and others v. Brinder Nath and others AIR 2000 J&K 93 rel. ORDER NASIR SAEED SHEIKH, J.--This R.F.A. is directed against the order dated 29-10-2008 passed by Presiding Officer of District Consumer Court Faisalabad awarding compensation total amounting to Rs.20,000 against the present appellant to the respondent No.1 in a complaint lodged by the said respondent No.1 under The Punjab Consumer Protection Act, 2005. 2. Briefly stating the facts of the case are that the respondent No.1 claimed to be a student of Allama Iqbal Open University, the appellant under Registration No.6 PLR 4620 Roll No. U442947 and he…
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