Act II of 2005 · 13 pages
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THE PUNJAB CONSUMER PROTECTION ACT 2005
(Act II of 2005)
CONTENTS
SECTION HEADING
PART I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Act not in derogation of any other law.
PART II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
4. Liability for defective products.
5. Defective in construction or composition.
6. Defective in design.
7. Defective because of inadequate warning.
8. Defective because of non-conformity to express warranty.
9. Proof of manufacturer’s knowledge.
10. Restriction on grant of damages.
11. Duty of disclosure.
12. Prohibition on exclusions from liability.
PART III
LIABILITY ARISING OUT OF
DEFECTIVE AND FAULTY SERVICES
13. Liability for faulty or defective services.
14. Standard of provision of services.
15. Restriction on grant of damages.
16. Duty of disclosure.
17. Prohibition on exclusions from liability.
PART IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place.
19. Receipt to be issued to the purchaser.
20. Return and refund policy.
14 The Punjab Laws
PART V
UNFAIR PRACTICES
21. False, deceptive or misleading representation.
22. Prohibition on bait advertisement.
PART VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority.
23-A. Powers of Government.
PART VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council.
PART VIII
DISPOSAL OF CLAIMS AND
ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims.
26. Consumer Courts.
27. Jurisdiction of Consumer Courts.
28. Settlement of Claims.
29. Settlement at pretrial stage.
30. Procedure on receipt of complaint.
31. Order of Consumer Court.
32. Penalties.
33. Appeal.
34. Finality of Order.
35. Dismissal of frivolous or vexatious claims.
PART IX
MISCELLANEOUS
36. Aid to the Consumer Court.
37. Immunity.
38. Power to make rules.
39. Power to remove difficulties.
1
THE PUNJAB CONSUMER PROTECTION ACT 2005
(Act II of 2005)
[25 January 2005]
An Act to provide for protection and promotion
of the rights and interests of the consumers.
Preamble.– Whereas, it is expedient to provide for protection and promotion of the rights
and interests of the consumers, speedy redress of consumer complaints and for matters
connected therewith;
It is hereby enacted as follows:-
PART I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Act may be called the Punjab
Consumer Protection Act 2005.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or context,–
(a) “Act” means the Punjab Consumer Protection Act 2005;
2
[(b) “Authority” means the officer as provided in sub-section (1) of section 23 of the Act;]
(c) “consumer” means a person or entity who–
(i) buys or obtains on lease any product for a consideration and includes any user of
such product but does not include a person who obtains any product for resale or
for any commercial purpose; or
(ii) hires any services for a consideration and includes any beneficiary of such
services;
3
[Explanation: for the purposes of sub-clauses (i) and (ii):
(a) the expression “buys or obtains on lease any product” and “hires any
services” includes offline or online transactions through electronic means
or teleshopping or direct selling or multi-level marketing; and
(b) the expression “commercial purpose” does not include use by a consumer
of products bought and used by him only for the purpose of his livelihood
as a self-employed person;]
(d) “damage” means all damage caused by a product or service including damage to the
product itself and economic loss arising from a deficiency in or loss of use of the
product or service;
(e) “entity” means an organization that has a legal identity apart from its members;
(f) “Government” means the Government of the Punjab;
1
This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19 January 2005; and
published in the Punjab Gazette (Extraordinary), dated 25 January 2005, pages 2565 to 2573.
2
Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), for the following:
“(b) “Authority” means the District Coordination Officer of the district concerned or any other officer as may be notified by the
Government;”
3
Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), for the following:
“Explanation:- For the purpose of sub-clause (i), “commercial purpose” does not include use by a consumer of products bought
and used by him only for the purpose of his livelihood as a self-employed person.”
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(g) “laboratory” means a laboratory established or recognized by the Provincial
Consumer Protection Council and includes any such laboratory or organization
established by or under any law for the time being in force, which is maintained,
financed, aided or recognized by the Government for carrying out analysis or test of
any goods with a view to determining whether such goods suffer from any defect;
(h) “manufacturer” includes a person or entity who–
(i) is in the business of manufacturing a product for purposes of trade or commerce;
(ii) labels a product as his own or who otherwise presents himself as the
manufacturer of the product;
(iii) as a seller exercises control over the design, construction or quality of the
product that causes damage;
(iv) assembles a product by incorporating into his product a component or part
manufactured by another manufacturer; and
(v) is a seller of a product of a foreign manufacturer and assumes or administers
warranty obligations of the product, or is affiliated with the foreign
manufacturer by way of partial or complete ownership or control; or modifies or
prepares the product for sale or distribution;
(i) “manufacturing a product” means producing, fabricating, constructing, designing,
remanufacturing, reconditioning or refurbishing a product;
(j) “product” has the same meaning as assigned to the word “goods” in the Sale of Goods
Act, 1930, and includes products which have been subsequently incorporated into another
product or an immovable but does not include animals or plants or natural fruits and other
raw products, in their natural state, that are derived from animals or plants;
(k) “services” includes the provision of any kind of facilities or advice or assistance such
as provision of medical, legal or engineering services but does not include–
(i) the rendering of any service under a contract of personal service;
(ii) the rendering of non-professional services like astrology or palmistry; or
(iii) a service, the essence of which is to deliver judgment by a court of law or
arbitrator;
(l) “reasonably anticipated alteration or modification” means a change in a product that a
product manufacturer should reasonably expect to be made by an ordinary person in
the same or similar circumstances and a change arising from ordinary wear or tear,
but does not include–
(i) changes to or in a product because the product does not receive reasonable care
and maintenance; or
(ii) alteration, modification or removal of an otherwise adequate warning; or
(iii) the failure of the seller to provide an adequate warning to the consumer where
the same had been provided by the manufacturer and he could do no more; and
(m) “reasonably anticipated use” means a use or handling of a product that the product
manufacturer should reasonably expect of an ordinary person in the same or similar
circumstances.
3. Act not in derogation of any other law.– The provisions of this Act shall be in addition
to and not in derogation of the provisions of any other law for the time being in force.
PART II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
The Punjab Consumer Protection Act 2005 (II of 2005) 15
4. Liability for defective products.– (1) The manufacturer of a product shall be liable to a
consumer for damages proximately caused by a characteristic of the product that renders the
product defective when such damage arose from a reasonably anticipated use of the product
by a consumer.
(2) A product shall be defective only if–
(a) it is defective in construction or composition as provided in section 5;
(b) it is defective in design as provided in section 6;
(c) it is defective because an adequate warning has not been given as provided in
section 7; and
(d) it is defective because it does not conform to an express warranty of the
manufacturer as provided in section 8.
5. Defective in construction or composition.– A product shall be defective in construction
or composition if, at the time the product was manufactured, a material deviation was made
from the manufacturers’ own specifications, whether known to the consumer or not.
6. Defective in design.– (1) A product shall be defective in design if, at the time the product
left its manufacturer’s control–
(a) there existed an alternative design for the product that was capable of preventing the
damage to a consumer; and
(b) the likelihood and gravity of damage outweighed the burden on the manufacturer of
adopting such alternative design and any adverse effect of such alternative design on
the utility of the product.
(2) When the manufacturer has used reasonable care to provide adequate warning to the users
or handlers of the product, it shall be considered in evaluating the likelihood of damage arising
from the design of a product.
7. Defective because of inadequate warning.– (1) A product shall be defective if an
adequate warning about the product that it possessed a characteristic that could cause
damage, has not been provided at the time the product left its manufacturer’s control or the
manufacturer has failed to use reasonable care to provide an adequate warning of such
characteristic and its danger to users and handlers of the product:
Provided that a manufacturer shall not be required to provide an adequate warning about
his product when–
(a) the ordinary user or handler of the product could know, with the ordinary knowledge
common to the community, that the product has dangerous characteristics which
could cause damage; or
(b) the user or handler of the product already knows or should be reasonably expected to
know that the product has characteristics which were dangerous and could cause
damage.
(2) A manufacturer of a product who, after the product has left his control, acquires
knowledge about the dangerous characteristics of the product that could cause damage, or
who would have acquired such knowledge had he acted as a reasonably prudent
manufacturer, shall be liable for damage caused by his subsequent failure to use reasonable
care to provide an adequate warning of such characteristic and its danger to users and
handlers of the product.
8. Defective because of non-conformity to express warranty.– A product shall be defective
when it does not conform to an express warranty made at any time by the manufacturer about
16 The Punjab Laws
the product if the express warranty has induced the claimant to use the product and the
claimant’s damage was proximately caused because the express warranty was untrue.
9. Proof of manufacturer’s knowledge.– (1) Notwithstanding anything contained in
section 6, a manufacturer of a product shall not be liable for damage proximately caused by a
characteristic of product’s design if the manufacturer proves that at the time the product left
his control–
(a) he did not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known the design
characteristic that caused the damage or the danger of such characteristic; or
(b) he did not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known of the alternative
design identified by the consumer under section 6 (1); or
(c) the alternative design identified by the consumer under section 6 (1) was not feasible
in the light of the then existing and reasonably available scientific and technological
knowledge or then existing economic practicality.
(2) Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer of a
product shall not be liable for damage if the manufacturer proves that, at the time the product
left his control, he did not know and, in the light of the then existing and reasonably available
scientific and technological knowledge, could not have known of the characteristic that
caused the damage or the danger of such characteristic.
10. Restriction on grant of damages.– Where the consumer has not suffered any damage
from the product except the loss of utility, the manufacturer shall not be liable for any
damages except a return of the consideration or a part thereof and the costs.
11. Duty of disclosure.– (1) Where the nature of the product is such that the disclosure of its
component parts, ingredients, quality, or date of manufacture and expiry is material to the
decision of the consumer to enter into a contract for sale, the manufacturer shall disclose the
same.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by
general or special order, require such disclosure in any particular case.
12. Prohibition on exclusions from liability.– The liability of a person by virtue of this part
to a consumer who has suffered damage shall not be limited or excluded by the terms of any
contract or by any notice.
PART III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES
13. Liability for faulty or defective services.– A provider of services shall be liable to a
consumer for damages proximately caused by the provision of services that have caused
damage.
14. Standard of provision of services.– (1). Where the standard of provision of a service is
regulated by a special law, provincial or federal, the standard of services shall be deemed to
be the standard laid down by such special law.
(2) Where the standard of a service has not been provided for in any law or by the
professional or trade body concerned, the standard shall be that which at the time of the
The Punjab Consumer Protection Act 2005 (II of 2005) 17
provision of the service, a consumer could reasonably expect to obtain at that time in
Pakistan.
15. Restriction on grant of damages.– Where the consumer has not suffered any damages
from the provision of service except lack of benefit, the service provider shall not be liable
for any damages except a return of the consideration or a part thereof and the costs.
16. Duty of disclosure.– (1) Where the nature of the service is such that the disclosure of the
capabilities or qualifications of the provider of the service or the quality of the products that he
intends to use for provision of the service is material to the decision of the consumer to enter
into a contract for provision of services, the provider of services shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by general or
special order, require such disclosure in any case.
17. Prohibition on exclusions from liability.– The liability of a person by virtue of this Part
to a person who has suffered damage shall not be limited or excluded by the terms of any
contract or by any notice.
PART IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place.– Unless a price catalogue is available for
issue to customer, the manufacturer or trader shall display prominently in his shop or display-
centre a notice specifying the retail or wholesale price, as the case may be, of every goods
available for sale in that shop or display-centre.
19. Receipt to be issued to the purchaser.– Every manufacturer or trader who sells any
goods shall issue to the purchaser a receipt showing –
(a) the date of sale;
(b) description of goods sold;
(c) the quantity and price of the goods; and
(d) the name and address of the seller.
20. Return and refund policy.– Return and refund policy of a seller shall be disclosed to the
buyer clearly before the transaction is completed by means of a sign at the point of purchase.
PART V
UNFAIR PRACTICES
21. False, deceptive or misleading representation.– No person shall make a false, deceptive
or misleading representation that–
(a) the products are of a particular kind, standard, quality, grade, quantity, composition,
style or model;
(b) the products have particular history or particular previous use;
(c) the services are of a particular kind, standard or quality;
(d) the services are provided by a person having a requisite skill or qualification or
experience;
(e) the products were manufactured, produced, processed or reconditioned at a particular
time;
18 The Punjab Laws
(f) the products or services have any sponsorship, approval, endorsement, performance,
characteristics, accessories, uses or benefits;
(g) the products are new or reconditioned or have been in use for a particular period of
time only;
(h) the seller or producer of products or provider of services has any sponsorship,
approval, endorsement or affiliation;
(i) the products or services are necessary for somebody’s well being;
(j) concerns the existence, exclusion or effect of any condition, guarantee, right or
remedy; and
(k) concerns the place of origin of products.
22. Prohibition on bait advertisement.– (1) No person shall, in trade, advertise or supply at a
specified price products or services which that person–
(a) does not intend to offer for supply; or
(b) does not have reasonable grounds for believing that they can be supplied at that price
for a period that is, and in quantities that are, reasonable having regard to the nature of
the market in which the person carries on business and the nature of the
advertisement.
(2) Any person who has advertised products or services for supply at a specified price
shall offer such products or services for supply at that price for a period that is, and in
quantities that are reasonable having regard to the nature of the market in which the person
carries on business and the nature of the advertisement.
PART VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority.– 1[(1) The Deputy Commissioner of a concerned district or any
other officer, as may be notified in the official Gazette by the Government, on its own motion
or on a complaint filed to him, in writing, by any person, against the violation of the
provisions of sections 11, 16, 18 and 19 of the Act, may, after having been satisfied and after
affording an opportunity of being heard, impose a fine on the violator which may extend to
one hundred thousand rupees, but shall not be less than one thousand rupees or equal to
hundred percent value of the product or service, whichever is lesser, which may be
recoverable as arrears of land revenue.]
(2) The Authority may file a claim for declaring a product defective under sections 4, 5, 6,
7 or 8 or a service as faulty or defective under section 13 without proof of any damage actually
suffered by a consumer but likely to be suffered keeping in view the general standard of that
service.
(3) The Authority may file a claim before the Consumer Court for declaring any act on
the part of any person as being in contravention to Part IV of this Act without proof of any
damage actually suffered but likely to be suffered due to the said contravention.
(4) The Authority on receipt of a complaint or a reference from the Consumer Protection
Council or on his own motion, may hold an inquiry as to defects in products or services or
practices which contravene any of the provisions of this Act. No prior notice shall be required
to be given to a manufacturer or provider of services for the purposes of holding an inquiry.
1
Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), for the following:
“(1) Any person may file a complaint for violation of the provisions of sections 11, 16, 18 and 19 before the Authority who, on
being satisfied that such is the case, fine the violator that may extend to fifty thousand rupees and which may be recovered as
arrears of land revenue.”
The Punjab Consumer Protection Act 2005 (II of 2005) 19
(5) The Authority, while holding an inquiry, may direct the police or any other officer or
authority of the Government to gather such evidence as it deems necessary or to perform
function in accordance with law which have an impact on the inquiry.
(6) The Authority may delegate his powers under this Act through a notification to any
officer of the Government with its prior approval.
(7) Any person aggrieved by the order passed under sub-section (1) may file an appeal
before the Government within thirty days of such order.
1
[23-A. Powers of Government.– (1) The Government may, by general or special order and
subject to such conditions as may be prescribed, exercise all or any of the powers conferred
upon the Authority under this Act except the power of imposition of fine under section 23(1).
(2) The Government may, from time to time, issue directions to the Authority with regard
to the performance of the functions of the Authority under this Act.
(3) The Government may, at any stage, modify or set aside any order or action of the
Authority subject to such condition or conditions as it may deem fit.]
PART VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council.– (1) The Government shall set up a Consumer Protection
Council in the Province.
(2) The Government may set up Consumer Protection Councils in one or more districts
which shall report to the Provincial Consumer Protection Council.
(3) The Consumer Protection Councils shall have such other functions as may be
assigned to them by the Government by notification in the official Gazette.
(4) The Provincial Consumer Protection Council shall gather such information and data
as may be necessary in order to remove unreasonably dangerous products and faulty and
defective services from trade or commerce.
(5) Each Consumer Protection Council shall have an adequate representation of
consumers and associations of trade, industry and services, as the case may be, duly
registered under the law for the time being in force; provided that the representation of
consumers on the Council, other than any ex-officio members, shall not be less than fifty per
cent of its total membership.
PART VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims.– A claim for damages arising out of contravention of any provisions of
this Act shall be filed before a Consumer Court set up under this Act.
2
[26. Consumer Courts.– (1) The Lahore High Court shall, by notification, designate a
District Judge or an Additional District Judge in each district, having specific area of
jurisdiction, as Consumer Court to try cases under the Act:
1
Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006).
2
Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), for the following:
“26. Establishment of Consumer Courts.– (1) The Government shall, by notification, establish one or more separate
Consumer Courts for an area, comprising one or more districts to exercise jurisdiction and powers under this Act.
(2) A Consumer Court shall consist of a District Judge or an Additional District Judge to be appointed by the
Government in consultation with the Lahore High Court.
(3) The terms and conditions of service of the District Judge or the Additional District Judge appointed under sub-section
(2) shall be such as may be prescribed.”
20 The Punjab Laws
Provided that the Lahore High Court may notify one or more such Courts in a district and
in case of more than one Consumer Courts in a district, the senior judge of such Courts shall
act as the administrative judge of the Consumer Courts in that district.
(2) All cases pending in the defunct Consumer Courts before the commencement of the
Punjab Consumer Protection (Amendment) Act 2025 shall stand transferred to the Consumer
Courts of respective specific areas, designated under sub-section (1), which may continue the
proceedings from the point where it were left or may take additional evidence if so
required.
(3) All employees of the defunct Consumer Courts shall stand transferred to their parent
Department.]
27. Jurisdiction of Consumer Courts.– Subject to the provisions of this Act, the Consumer
Court shall have jurisdiction to entertain complaints within the local limits of whose
jurisdiction–
(a) the defendant or each of the defendants, where there are more than one, at the time of
filing of the claim, actually and voluntarily resides or carries on business or personally
works for gain; or
(b) any of the defendants where there are more than one, at the time of the filing of the
claim, actually and voluntarily resides, or carries on business, or personally works for
gain; provided that in such a case the permission is granted by the Consumer Court or
the defendants who do not reside, or carry on business, or personally work for gain, as
the case may be, acquiesce in such institution; or
(c) the cause of action wholly or in part arises.
28. Settlement of Claims.– (1) A consumer who has suffered damage, or Authority in other
cases, shall, by written notice, call upon a manufacturer or provider of services that a product
or service is defective or faulty, or the conduct of the manufacturer or service provider is in
contravention of the provisions of this Act and he should remedy the defects or give damages
where the consumer has suffered damage, or cease to contravene the provisions of this Act.
(2) The manufacturer or service provider shall, within fifteen days of the receipt of the
notice, reply thereto.
(3) No claim shall be entertained by a Consumer Court unless the consumer or the
Authority has given notice under sub-section (1) and provides proof that the notice was duly
delivered but the manufacturer or service provider has not responded thereto.
(4) A claim by the consumer or the Authority shall be filed within thirty days of the
arising of the cause of action:
Provided that the Consumer Court, having jurisdiction to hear the claim, may allow a
claim to be filed after thirty days within such time as it may allow if it is satisfied that there
was sufficient cause for not filing the complaint within the specified period:
Provided further that such extension shall not be allowed beyond a period of sixty days
from the expiry of the warranty or guarantee period specified by the manufacturer or service
provider and if no period is specified one year from the date of purchase of the products or
providing of services.
29. Settlement at pretrial stage.– Any party to the dispute may, at the pretrial stage, make a
firm written offer of settlement stating the amount offered for settlement and if the offer is
accepted by the opposing party, the Consumer Court shall pass an order in terms of the
settlement:
The Punjab Consumer Protection Act 2005 (II of 2005) 21
Provided that notwithstanding anything contained in any other law for the time being in
force, the party refusing the offer of settlement shall pay actual costs of litigation, including
lawyer’s fees, in case the final order of the Consumer Court is passed against that party:
Provided further that the court’s approval regarding settlement shall be required in the
following matters–
(i) claims of a minor;
(ii) claims of a legally incapacitated person; and
(iii) claims involving collective rights.
30. Procedure on receipt of complaint.– (1) The Consumer Court shall, on receipt of a
claim if it relates to any products,–
(a) forward a copy of the claim to the defendant mentioned in the claim directing him to
file his written statement within a period of fifteen days or such extended period not
exceeding fifteen days;
(b) where the defendant, on receipt of claim referred to him under clause (a), denies or
disputes the allegations contained in the claim, or omits or fails to present his case
within the time specified, as the case may be, the Consumer Court shall proceed to
settle the consumer dispute in the manner specified hereafter;
(c) where the claim alleges that products are defective and do not conform to the accepted
industry standards, the Consumer Court may decide the dispute on the basis of the
evidence relating to the accepted industry standards and by inviting expert evidence in
this regard;
(d) where the dispute cannot be determined without proper analysis or test of products, the
Consumer Court shall obtain sample of the products from the complainant, seal it and
authenticate it in the manner prescribed and refer the sample to a laboratory along with a
direction to make analysis or test, whichever may be necessary, with a view to finding out
if such products suffer from any defect and to report its findings to the Consumer Court
within a period of thirty days of the receipt of the reference or within such period as may
be extended, not exceeding fifteen days by the Consumer Court; and
(e) the Consumer Court may require the claimant to deposit to the credit of the Consumer
Court such fees as may be specified, for payment to the laboratory for carrying out the
necessary analysis or test and the fee so deposited by the claimant shall be payable by
the defendant if the test or analysis support the version of the claimant.
(2) The Consumer Court shall, if the claim relates to any services,–
(a) forward a copy of such claim to the defendant directing him to file his written
statement within a period of fifteen days or such extended period not exceeding
fifteen days as may be granted by the Consumer Court; and
(b) on receipt of the written statement of the defendant, if any, under clause (a),
proceed to settle the dispute on the basis of evidence produced by both the parties:
Provided that if the defendant does not deny or dispute the allegations made in the
complaint or fails to present his case within the specified period, the dispute shall be settled
on the basis of the evidence brought by the claimant.
(3) For the purposes of this section, the Consumer Court shall have the same powers as
are vested in civil court under the Code of Civil Procedure, 1908 (Act XX of 1908), while
trying a suit, in respect of the following matters, namely:-
(a) the summoning and enforcing attendance of any defendant or witness and
examining him on oath;
22 The Punjab Laws
(b) the discovery and production of any document or other material object which may
be produced as evidence;
(c) the receiving of evidence on affidavits;
(d) issuing of any commission for the examination of any witness; and
(e) any other matter which may be prescribed.
(4) Every proceeding before the Consumer Court shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code 1860 (Act
XLV of 1860), and section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898
(Act V of 1898):
Provided that the personal presence of the claimant before the Consumer Court shall not
be required till the defendant has put up appearance before it.
(5) The Consumer Court shall decide the claim within six months after the service of
summons on the respondent.
31. Order of Consumer Court.– If, after the proceedings conducted under this Act, the
Consumer Court is satisfied that the products complained against suffer from any of the
defects specified in the claim or that any or all of the allegations contained in the claim about
the services provided are true, it shall issue an order to the defendant directing him to take
one or more of the following actions, namely:-
(a) to remove defect from the products in question;
(b) to replace the products with new products of similar description which shall be free
from any defect;
(c) to return to the claimant the price or, as the case may be, the charges paid by the
claimant;
(d) to do such other things as may be necessary for adequate and proper compliance with
the requirements of this Act;
(e) to pay reasonable compensation to the consumer for any loss suffered by him due to
the negligence of the defendant;
(f) to award damages where appropriate;
(g) to award actual costs including lawyers’ fees incurred on the legal proceedings;
(h) to recall the product from trade or commerce;
(i) to confiscate or destroy the defective product;
(j) to remedy the defect in such period as may be deemed fit; or
(k) to cease to provide the defective or faulty service until it achieves the required
standard.
32. Penalties.– (1) Where a manufacturer fails to perform or in any way infringes the liabilities
provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with imprisonment
which may extend to two years or with fine which may extend to hundred thousand rupees or
with both in addition to damages or compensation as may be determined by the court.
(2) Where a defendant or the claimant fails or omits to comply with any order made by
the Consumer Court, such defendant or the claimant shall be punishable with imprisonment
for a term not less than one month which may extend to three years, or with fine not less than
five thousand rupees which may extend to twenty thousand rupees or with both.
33. Appeal.– Any person aggrieved by any final order of the Consumer Court may file an
appeal in the Lahore High Court within 30 days of such order.
The Punjab Consumer Protection Act 2005 (II of 2005) 23
34. Finality of Order.– Every order of the Consumer Court, if no appeal has been preferred
against such order under the provisions of this Act, shall become final.
35. Dismissal of frivolous or vexatious claims.– Where a claim is found to be frivolous or
vexatious, the Consumer Court shall dismiss the claim and impose fine on the claimant up to an
amount not exceeding ten thousand rupees for having willfully instituted a false claim and shall
award appropriate compensation to the defendant from the amount of fine so realized.
PART IX
MISCELLANEOUS
36. Aid to the Consumer Court.– All agencies of the Government shall act in aid of the
Consumer Court in the performance of its functions under this Act.
37. Immunity.– No suit, prosecution or other legal proceedings shall lie against any
functionary under this Act, acting under the direction of the Consumer Council or the
Government for anything which is in good faith done or intended to be done under this Act.
38. Power to make rules.– The Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
39. Power to remove difficulties.– If any difficulty arises in giving effect to any of the
provisions of this Act, the Government may make such order, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or expedient for removing such
difficulty.
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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