Case Details

Citation(s)
2026 SLG 1121 2026 SLD 1121 = 2026 PHC 2410
Peshawar High Court
FAO No.103-P/2024
Presented By:
09.02.2026 Mr. Afaq Anwar Chamkani, Advocate Mr. Lawangeen Khan, Advocate Riaz Aslam Daavi, SRO PHCP

SDO Sub Division Sheikh Maltoon & others

VS

Murad Ali Shah

Law: Khyber Pakhtunkhwa Consumers Protection Act, (VI of 1997)

Section: 2, 2, 12, 13, 14, 15, 16, 17

Law: National Electric and Power Regulatory Authority Act, (XL of 1997)

Section: 3, 31, 39

Law: Constitution of Pakistan, 1973

Section: 175, 157

SUMMARY 1. Consumer Rights explained: Consumer rights did not emerge solely as a modern statutory concept; rather, they developed gradually from early moral, religious, and customary norms that condemned dishonest trade practices such as fraud, adulteration, false weights, and misrepresentation in commerce. A closely related and often interchangeably used term is consumer protection, which means protecting buyers from dishonest, unsafe, or unfair business practices and ensuring that they are treated fairly. In the pre-industrial era, commercial transactions were largely governed by the doctrine of caveat emptor (let the buyer beware), which placed the primary responsibility on the buyer to inspect goods before purchase and afforded only minimal legal protection against defective goods or unfair practices. This principle was suited to small and localized markets where buyers and sellers often knew one another and goods could easily be examined prior to sale. However, with the advent of the Industrial Revolution in the eighteenth and nineteenth centuries, the rapid expansion of markets, the rise of mass production, and the increasing complexity of manufactured goods made it increasingly difficult for consumers to evaluate quality and safety. Consequently, the rigid application of caveat emptor became impractical and inequitable, prompting legal systems to gradually impose greater responsibility upon manufacturers and sellers. In the United Kingdom, this shift was reflected first in the development of common law principles and later in statutory measures such as the Sale of Goods Act 1893, which introduced implied conditions and warranties relating to the quality and fitness of goods. This marked a move toward stronger consumer protection. More recently, the Consumer Rights Act 2015 has provided a specific legal framework to protect consumers by ensuring that goods, services, and digital content are of satisfactory quality, safe, and as described, while also granting rights to repair, replacement, and refund and prohibiting unfair terms. In the United States, the consumer protection movement gained significant momentum during the twentieth century, particularly…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register