Updated: Sunday August 03, 2025/AlAhad Safar 09, 1447/Ravivara Sravana 12, 1947, at 07:51:07 PM
The Punjab Consumer
Protection Act, 2005
(Act
II of 2005)
C O N
T E N T S
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.
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;
(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
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 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 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;
(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.– [4][(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.
(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.
[5][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.
[6][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:
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:
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;
(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.
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.
[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.”
[4]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.”
[5]Inserted
by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006).
[6]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.”
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