| Citation(s) |
|---|
| 2026 SLG 4450 = 2026 SLD 4450 |
RFA No. 38-A/2021 with CM No. 88-A/2021
Presented By: Sadiq Ali, J.
Appellants' Lawyer Mr. Asad Jan Durrani, Advocate
Respondent's Lawyer Muhammad Zahid, Advocate
Mujahid Ali Shah and another v. Muhammad Zohaib
Law:
Section:
Case Summary
The case arose from a complaint filed by Muhammad Zohaib concerning school fees for February/March 2021 and Rs. 2,000 transport charges for January 2021. He argued that the school remained closed due to COVID-19 from 24 December to 18 January and sought restraint against recovery of the disputed amounts. The Consumer Court accepted his complaint.
Tagline
“A dispute concerning school fees and transport charges of a private school falls within the regulatory framework of the KP Private Schools Regulatory Authority Act, 2017, and cannot ordinarily be entertained by the Consumer Court.”
Key Law / Legal Principle
The High Court held that the Khyber Pakhtunkhwa Private Schools Regulatory Authority Act, 2017 is a special law governing private educational institutions, including matters relating to fee structures, ancillary charges and administrative affairs. Therefore, the special statutory forum takes precedence over the general jurisdiction of the Consumer Court.