| Citation(s) |
|---|
| 2026 SLG 415 2026 SLD 415 = 2026 LHC 1368 = 2026 PLD 750 |
F. A. O. No. 975 of 2025
Presented By: (Abid Hussain Chattha) Judge
Date of Hearing: 23.02.2026 Appellant By: Mr. Tariq Kamal Qazi, Advocate Mr. Ali Raza Kabir, Advocate
Respondent By: Mr. Muhammad Usman Rashid, Advocate
Lucky Motor Corporation Limited
VERSUS
Muhammad Akmal Hussain
Law: Punjab Consumer Protection Act, 2005
Section: 2(c), 2(j), 2(k), 3, 4, 28(1) & 28(4), 33
Summary
The respondent booked a Kia Sportage vehicle by paying advance and subsequent payments under a Provisional Booking Order (PBO) issued by the appellant company. The vehicle was not delivered within the promised timeframe, so the respondent filed a complaint before the Consumer Court seeking delivery of the vehicle and damages.
The District Consumer Court, Faisalabad allowed the complaint and ordered the appellant to deliver the vehicle after payment of the remaining amount along with Rs. 1,000,000 compensation and Rs. 100,000 litigation costs.
On appeal, the High Court held that the dispute arose from the terms and conditions of the PBO (agreement to sell) concerning price variation and delivery, which constituted a contractual dispute regarding future goods. Since the vehicle had not been delivered, the respondent could not be treated as a “consumer” under the Punjab Consumer Protection Act, 2005, and the Consumer Court lacked jurisdiction.