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DANISH AZHAR vs The CONSUMER PROTECTION COURT (SOUTH), KARACHI Recovery of cost and damages — 2022 CLC 1203 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1203 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
DANISH AZHAR vs The CONSUMER PROTECTION COURT (SOUTH), KARACHI Recovery of cost and damages
Subject matter
Civil
Provisions referred to
Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DANISH AZHAR VS The CONSUMER PROTECTION COURT (SOUTH), KARACHI Recovery of cost and damages---Word "product", definition of---Animal/pet not a product---Respondent claimed that he purchased a dog from petitioner which later on appeared to be of impure/mixed breed of inferior quality---Petitioner filed application which was rejected by the Consumer Court under O.VII, R.11 of the Civil Procedure Code---Petitioner contended that the Consumer Court had no jurisdiction in the matter as the animals were specifically excluded from the definition of word "product" purchased by a customer---Held, that upon conjunctive perusal of the definitions of words "consumer" and "product" for the purposes of present case, it was evident that the respondent did not fall within the definition of consumer as he purchased an animal from the petitioner and animals were excluded from the definition of word "product"---Respondent's claim pending before the Consumer Court was also liable to be discarded on that score as well---Respondent neither in the pending claim nor in the legal notice had claimed that the petitioner was a service provider and liable for faulty/defective service---Constitutional petition was allowed accordingly.

Other judgments reported in 2022 CLC

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