Law: Islamabad Consumer Protection Act, 1995

Section: III,2(c)(i),2(f),5,9(1)(3),10

Law: Criminal Procedure Code (V of 1898)

Section: 544A

Islamabad Consumer Protection Act (III of 1995)-------Ss. 2(c)(i), 2(f), 5 & 9---Criminal Procedure Code (V of 1898), S.544-A--Consumer rights---Unfair trade practice---Appellant booked three pickup vehicles with respondents against payment of Rs. 29,97,000/----Respondents failed to provide the vehicles within stipulated period---Appellant filed a complaint, which was dismissed by the Consumer Court without recording evidence on the grounds that the booked vehicles constituted future goods within the meaning of Sale of Goods Act, 1930, thus civil suit was maintainable instead of a consumer complaint--Validity---Section 9(1) of Islamabad Consumer Protection Act, 1995 provided that where any right of consumer required to be protected under S. 5 of the Act of 1995 is in any way infringed, the person responsible for such infringement shall be punished with imprisonment which may extend to two years, or with fine which may extend to forty thousand rupees, or with both---Section 9(3) provided that the Authority (the Court of Session) may, where it deems appropriate, order for payment of compensation to the consumer to the extent the consumer has suffered any damage or loss through any unfair trade practice---Without prejudice to subsections (2) and (4), the function of the Authority is two-fold, (i) to determine criminal liability, and (ii) determination of the value of compensation---Both the determinations can be made together, but are not dependent upon one another--Unlike S.544-A, Cr.P.C., the award of compensation has not been made conditional to award of conviction by the Legislature---Section 544-A, Cr.P.C., opens with the words "whenever a person is convicted of an offence", contrary to subsection (3) of S. 9 of the Act of 1995 where the Authority is empowered to award compensation keeping in view the extent to which a consumer suffers damage or loss through any unfair trade practice---Court below had confused the scheme of two distinct provisions of different statutes and the manner in which a Court had to proceed while dealing with cases thereunder---For the purpose of determining the value of compensation under the Act of 1995, the Authority has to…