COMPLAINT ABOUT FAULTY SERVICE
2. The court is on tour at Layyah.
3. The case is at the stage of the summoning of the defendant. The learned Advocate appearing to day as representative of the defendant has undertaken to get the grievance of the claimant remedied without intervention of this court and objected to the jurisdiction of this court with request for dismissal of the complaint as not maintainable.
4. I proceed to dispose off the complaint by the discussion in the following paragraphs.
5. The grievance of the claimant is to the effect that he has applied in the name of his unemployed son namely Mohammad Sardar Khan for establishing 'NADRA E SAHULAT' ; that demand draft was sent for said purpose; that a representative came after two and half months; that he demanded some amount without receipt; that it was conveyed by the representative of the defendant that permission to start business would not be accorded unless some amount is paid without receipt; that the distress of the claimant is being grown; that the grievance should be got remedied.
1. Definition of 'CONSUMER' is provided in section 2 (c) (i) of PCP Act 2005 which is being reproduced here under for the facility of reference:- "(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: Explanation:- For the purpose of sub-clause "Commercial purpose" does not include use by any consumer of products bought and used by him only for the purpose of his livelihood as a self- employed person.
6. I have observed that a person or entity who or which buys or obtains any product for resale or for any commercial purpose is excluded from the definition of the 'consumer' under section 2 (c) (i) of PCP Act 2005. Since the business of maintaining 'NADRA E SAHULAT' is deemed to be the commercial purpose as such I find that the present claimant having applied for the permission to operate said services is excluded from the definition of 'consumer'. The complaint is therefore not maintainable in this court. The same is liable to be returned for the filing of the same either in civil court or to the higher officers of the same department.
7. For what has been discussed above, the complaint is hereby disposed off by treating it to be returned.
8. Parties are left to bear their own costs.
9. A copy of this order would be available for publishing on the internet to the website of Punjab Consumer Protection Council Secretariat, 135-J, Model Town, Lahore for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCP Rules 2009.
10. The file of this complaint is to be consigned to the record room duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.