BAHRIA TOWN (PVT.) LTD. vs DISTRICT CONSUMER COURT, RAWALPINDI Ss — 2022 PLD 488 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 488 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: BAHRIA TOWN (PVT.) LTD. vs DISTRICT CONSUMER COURT, RAWALPINDI Ss
Subject matter: Civil
Provisions referred to: S. 2; S. 35; Goods Act (III of 1930); Punjab Consumer Protection Act; Goods Act; Specific Relief Act

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

BAHRIA TOWN (PVT.) LTD. VS DISTRICT CONSUMER COURT, RAWALPINDI Ss. 35, 2(c), 2(j) & 2(k)---Sale of Goods Act (III of 1930), S. 2(7)---Dismissal of frivolous or vexatious claims---Consumer---Services---Product---Scope---Petitioner assailed the dismissal of its application under S. 35 of Punjab Consumer Protection Act, 2005 read with O. VII, R. 11 of C.P.C.---Validity--- Respondent had admittedly purchased plots from the petitioner and paid certain payments but controversy arose when the petitioner refused to deliver their possession due to non-payment of possession charges---Purchasing of plots could neither be termed as 'product' as defined under S. 2(j) of the Act nor could be termed as 'services' as per S. 2(c)(ii) of the Act---Joint analysis of S. 2(j) of the Act and S. 2(7) of the Sale of Goods Act, 1930, clarified that 'land' could not be termed as a 'product'---Present case purely related to rights and liabilities of the parties out of sale/purchase of plots in lieu of consideration shaping up under a contract as well as non-fulfillment of contractual obligation---Respondent had to approach Civil Court of competent jurisdiction under the Specific Relief Act, 1877 and he, by no means, could have approached the Consumer Court for performance of contractual obligation---Application filed by petitioner before Consumer Court was allowed and the complaint was rejected.

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