| Citation(s) |
|---|
| 2024 SLG 5836 2024 SLD 5836 = 2024 CLC 1926 |
Lahore High Court, Multan Bench, Multan
Criminal Appeal No. 559 of 2023, decided on 25th September, 2023.
Before Tariq Saleem Sheikh, J
Syed Fakhar Imam Bukhari for Appellant. Sikandar Abbas, assisted by Jabran Munir Awan for
Respondent No. 1. Nemo. for
Respondent No. 2. Asim Murtaza Cheema, Research Officer, LHCRC for Research assistance
Criminal Appeal No. 559 of 2023, decided on 25th September, 2023.
Before Tariq Saleem Sheikh, J
Syed Fakhar Imam Bukhari for Appellant. Sikandar Abbas, assisted by Jabran Munir Awan for
Respondent No. 1. Nemo. for
Respondent No. 2. Asim Murtaza Cheema, Research Officer, LHCRC for Research assistance
Before Tariq Saleem Sheikh, J SHAISTA JAMIL---Appellant
VERSUS
DARAZ and another---Respondents
Law: Punjab Consumer Protection Act, 2005
Section: II,23,30,32
Law: Civil Procedure Code (V of 1908)
Section: VII,11
Law: Criminal Procedure Code (V of 1898)
Section: 410
Punjab Consumer Protection Act (II of 2005)-------Ss. 23, 30 & 32---Criminal Procedure Code (V of 1898), S.410---Civil Procedure Code (V of 1908), O.VII, R.11---Appeal---Maintainability---Rejecting of complaint---Complaint of appellant / consumer was rejected by Trial Court under the provision of O. VII, R.11 C.P.C.---Appellant / consumer assailed order of Trial Court under S.410 Cr.P.C.---Office of High Court raised objection regarding maintainability of appeal---Validity---Consumer Court established under Punjab Consumer Protection Act, 2005 is a special Court with both civil and criminal jurisdiction--- Consumer Court is not a civil Court in the sense of Civil Procedure Code, 1908 because a petition, claim or complaint brought before it is not treated as suit or plaint and it does not pass a decree--- Similarly the Court cannot be termed as a pure criminal Court because of its limited criminal provisions---This indicates the uniqueness of the Consumer Court and its proceedings--- Every proceeding before Consumer Court is deemed to be a judicial proceeding under S. 30(4) of Punjab Consumer Protection Act, 2005--- Provision of Civil Procedure Code, 1908 do not strictly govern proceedings before Consumer Court and it can apply only its equitable principles---Thus, O.VII, R.11 C.P.C. was not applicable in terms but Consumer Court had authority to decide on maintainability of a claim---Consumer Court had passed order in question in exercise of civil jurisdiction, therefore, no criminal appeal was competent against such order---Office objection was maintained in circumstances.United States v. Ward 48 U.S. 242 (1980); Kennedy v. Mendoza-Martinez 372 U.S. 144 (1963); State of Karnataka v. Vishwabharathi House Building Coop. Society and others AIR 2003 SC 1043; Ghaziabad Development Authority v. Union of India (UoI) and another 2003 (4) AWC 3078; Union of India and another v. Shardindu 2007 6 SCC 276; Reference No. 01 of 2012 PLD 2013 SC 279; New India Assurance Company Ltd. v. Srinivasan AIR 2000 SC 941; Ethiopian Airlines v. Ganesh Narain Saboo AIR 2011 SC 3495; Bambino Ltd. v. Selmor International Ltd. and another PLD 1983 SC 155; Mian Hakim Ullah and others…