Law: Islamabad Consumers Protection Act, 1995

Section: 8(4)

Summary The appellant filed a consumer complaint alleging that he purchased CAT shoes with a lifetime guarantee, but the shoes became defective and the seller refused to refund or replace them. The Consumer Court dismissed the complaint because the appellant failed to prove that he had purchased the shoes from the respondents. On appeal, the Islamabad High Court upheld the dismissal, finding that the credit card statement and email relied upon by the appellant were inconsistent with his claim and did not establish proof of purchase. Legal Core Points Issue: Whether the appellant proved purchase of the goods from the respondents and established an unfair trade practice under the Islamabad Consumers Protection Act, 1995. Key Law: Section 8(4), Islamabad Consumers Protection Act, 1995. Principle: The burden of proof lies on the complainant to establish purchase of the goods and the alleged unfair trade practice. Reasoning: No original sale receipt or warranty card was produced. The credit card statement related to a different year (2014), different amount (PKR 5,200), and different transaction than alleged in the complaint (2015, PKR 7,200). The email to CAT Footwear did not prove purchase from the respondents and instead supported the respondents' claim that they merely repaired the shoes as a gesture of goodwill. Held: The appellant failed to establish proof of purchase or any unfair trade practice. Outcome: Consumer appeal dismissed; order of the Consumer Court upheld.         JUDGMENT SHEET                                                       ARBAB MUHAMMAD TAHIR, J. The instant criminal appeal is arising out of order dated 15.04.2016, passed by the Additional Sessions Judge/Authority Islamabad (West), whereby complaint filed by the appellant under the Islamabad Consumers Protection Act, 1995 (“Act of 1995”), was dismissed.     Precisely, facts giving rise to filing of the instant appeal are that on 14.03.2016 the appellant has filed a complaint under the Act of 1995 against…