1. By filing this petition/claim under section 25 of the Punjab Consumer Protection Act, 2005, the petitioner/claimant had asserted that on 09.04.2002, he has purchased Foam Mattress of Master Champion measuring 5- 1/2'x6-1/2'x5" from "Almadina Foam Centre" Karkhana Bazar, Sargodha owned by respondents for amounting Rs, 2100/- according to the terms and conditions the warrantee was of life time; the Mattress in question was defective, lost its originality and became useless; petitioner lodged a complaint with respondents but no efforts was made by the respondents for replacement of the same; thereafter he served a notice to the respondent under the law which was not responded to; hence he approached to this court; and prayed for replacement of Mattress or in alternate recovery of its price along with damages.
2. The respondent No.1 put his appearance before the court and at the very out set an objection is raised as to maintainability of this petition/claim on the ground that dispute between parties does not come within domain of the Punjab Consumer Protection Act, 2005 because sale transaction had taken place on 09.04.2002 much before the promulgation of the said Act, therefore, the claim is not proceeded and liable to be dismissed. On the other hand the learned counsel for petitioner pleaded that the provisions of the Punjab Consumer Protection Act, 2005 are applicable and petitioner has right to file claim against the respondents.
3. In order to appreciate the question of maintainability of the claim/petition in hand a reference to commencement of the Act is imperative which has defined in Section 1. Section 1 of the Act is as under:- SECTION NO.1 Short title, extend 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.
4. The preamble of the Act when read with section 1 abundantly makes it clear that Act was promulgated on 25th January, 2005 and Consumer Courts were vested with exclusive jurisdiction to entertain all those matter which come within scope of the Punjab Consumer Protection Act, 2005.
5. Allegedly, the Mattress in question was purchased by the petitioner from respondent on 09.04.2002.
6. At that time Act was not in the field therefore, the claim of the petitioner stands excluded from the preview of the Punjab Consumer Protection Act, 2005.
7. In the light of above facts the petition/claim is not maintainable and hereby dismissed. However, the petitioner may approach before ordinary court/competent forum if so advised. File be consigned to record room after due completion.