Law: Sindh Consumer Protection Act, 2014

Section: XVII,2(e),2(n),2(q),26,29(1)(4),31(3),34,36

Law: Civil Procedure Code (V of 1908)

Section: VII,11

Law: Specific Relief Act (I of 1877)

Section: 12

Law: Sale of Goods Act, (III of 1930)

Section: 2(e)(ii)

(a) Sindh Consumer Protection Act (XVII of 2014)-------Ss.26, 29(1), (4), 31(3), 34 & 36---Civil Procedure Code (V of 1908), O. VII, R. 11---Consumer Court, power of---Scope---Power to reject a plaint---Consumer Court rejected the complaint filed by the appellant for delivery of vehicle being barred by time in exercise of its powers under O.VII, R. 11, C.P.C.---Contention of the appellant was that complaint could not be dismissed as the Consumer Court while proceeding with a complaint did not have powers of Civil Court---Validity--Appellant, on 06.04.2022, effectuated the booking of a vehicle and remitted the full consideration---Tentative delivery month was designated as July 2022, however, the vehicle remained undelivered, which culminated into issuance of legal notice on 15.08.2022, eliciting a response from the respondents on 24.08.2022, whereupon complaint was filed on 15.09.2022, thus, term "cause of action" as accruing upon the respondents' failure to adequately address the issues enumerated in the notice, specifically from the date of their reply on 24.08.2022, as such complaint was filed squarely within thirty days as stipulated in S.29(4) of the Act---Under S.31(3) of the Sindh Consumer Protection Act, 2014, (Act) the procedural powers vested in a Civil Court under the C.P.C. are also vested in the Consumer Court---Such inclusion is intended to ensure that the Consumer Court could efficaciously manage the adjudication process, including summoning and examining witnesses, handling evidence, and issuing requisite orders to ensure a fair trial---Consumer Court's action of rejecting the complaint under O.VII, R.11, C.P.C., was construed as effectively being a dismissal under S.36 of the Act, read with O.VII, R.11, C.P.C., adhering to the equitable principle that no person should suffer due to an act of the Court---Complaint was found to be within time, however, the power assumed by the Consumer Court under O.VII, R.11 C.P.C. for rejecting the plaint was held to be in accordance with law---Appeal was dismissed, in circumstances.PLD 2012 SC 247; PLD 2017 SC 1; 2023 CLD 934; PLD 2023 SC 482 and PLD 2014 Lah 196 Ref.(b) Sindh Consumer Protection Act (XVII…