The claim in hand was received to this court by way of a reference sent by the District Coordination Officer as Authority of District Consumer Protection Council, Faisalabad U/S. 23 sub section (4) of Punjab Consumer Protection Act, 2005 that District Officer (Health) took the samples and the same were sent to Government Public Analyst, Lahore and samples were found as unfit for human consumption and during inquiry the claim was found U/S. 4 and 5 of Punjab Consumer Protection Act, 2005.
2. The defendant submitted the written reply and raised a number of objections that claim was not maintainable and did not fall under consumer dispute rather it was tri-able by the ordinary court under Punjab Pure Food Ordinance 1960 and was not within time and the items sampled by the claimant were not adulterated and this court lacks jurisdiction to try the matter. Arguments heard, record perused.
3. The perusal of record file reveals that the samples were taken by the District Officer of Health (claimant) who being a member of District Consumer Protection Council, Faisalabad could do so as required by section 23 sub section (4) of Punjab Consumer Protection Act, 2005 and it was a mistake of District Officer of Health (claimant) to submit the complaint under Punjab Pure Food Ordinance VII of 1960, whereas he was to obtain the samples and submit claim under the provisions of Punjab Consumer Protection Act, 2005. Accordingly, the objections of the defendants are turned down.
4. The claimant obtained the samples of Desi Ghee from the packets and the same were sent to the Laboratory working under Government Public Analyst, Lahore and it was found as unfit for human consumption.
5. In view of this situation, the defendant has been found to be guilty of violation of section 4 and 5 of the Punjab Consumer Protection Act, 2005 and as the case is proved against the defendant, but the defendant has put himself at the mercy of the court, so taking a lenient view, the defendant is punished with a fine of Rs.5,000/- U/S. 31 of the Punjab Consumer Protection Act, 2005 in default thereof of he will go one month imprisonment to jail. Fine paid, receipt attached. File be consigned.