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2014 C.L.R. 533

Dr. Muhammad Ishfaq Gojar, etc. vs The District Consumer Court, Multan

Citation2014 C.L.R. 533
CourtLahore High Court
Case No.Writ Petition No, 7532 of 2012
Date2013-01-31
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition dismissed

ORDER

' IJAZ AHMAD, J. --- Ghulam Abbass, respondent No, 2 filed a complaint under the Punjab Consumer Protection Act, 2005 on 14.04.2012 on the allegation that her sister Ambreen was suffering from abdominal pain. According to sinologist there was some gall bladder stone complication. In order to undergo some treatment, she visited Zam-Zam Hospital on 02.02.2012 where the petitioner was employed. The petitioner is said to have provided her services. She was administered pain relieving medicine and then the anesthesia. Ambreen went in comma. She was kept in O.T. For four hours. She was then shifted in I.C.U., Nishtar Hospital, Multan where she died on 14.03.2012, that made the respondent No, 2 to file the complaint. The petitioner made an application that the complaint be dismissed as the same is time-barred as provided under Section 25(4) of the Act ibid. The application was dismissed by the presiding officer District Consumer Court vide order dated 18.05.2012.

2. Learned counsel for the petitioner contends that against an incident that took place on 02.02.2012, the complaint made on 14.04.2012 is hopelessly time-barred as the said Section provides a period of thirty days for making a complaint. Further argued that the time can only be extended in case of purchase of any product for which some warrantee or guarantee has been provided.

3. On the other hand, learned counsel appearing on behalf of respondent No, 2 supports the impugned order. It is contended that the period could be enlarged by the presiding Court as provided under 1st and 2nd proviso of the Section referred above. Further contends that the death of Ambreen occurred, on 14.03.2012 on account of the disservice provided by the petitioner. The complaint filed on 14.04.2012 is time-barred.

4. The death of Ambreen having taken place on 14.03.2012 in consequence of the allegedly wrong services provided by the petitioner. The complaint made on 14.04.2012 cannot be termed to be hopelessly time-barred. Under Section 28(4) of the Act ibid time can be enlarged by the Court in case of a complaint against products and the providing of services, complaint was not time- barred. The impugned order is in accordance with law. This petition lacks merits and is dismissed.

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