ARBAZ RAHIM vs The MANAGER/INCHARGE CAREEM Ss — 2023 CLD 1348 ISLAMABAD

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

ARBAZ RAHIM VS The MANAGER/INCHARGE CAREEM Ss. 2(f)(i), 6 & 8---Consumers protection---Unfair trade practice---Caveat emptor, doctrine of---Scope---Terms and conditions of agreement---Necessary party, non-summoning of---Appellant/ complainant alleged that driver of respondent/service provider demanded and received amount which was much more than the estimated/settled charges of ride---Driver of respondent/service provider did not attend Trial Court and complaint was dismissed on the ground of terms and conditions agreed by parties---Validity---Reliance of respondent/service provider on terms and conditions of agreement, which otherwise did not form part of its general representation/ advertisement itself was actionable as defined in S. 2(f)(i) of Islamabad Consumers Protection Act, 1995---Such terms and conditions of agreement, if otherwise generally not represented to consumers through advertisements, could not be subsequently relied upon to avoid liability under Islamabad Consumers' Protection Act, 1995---Respondent/ service provider could not use such terms and conditions of agreement as concealed dagger to exploit consumers and defeat the ends of justice---Consumer protection laws were enacted to safeguard rights of consumers from exploitative, unscrupulous and unfair trade practices---Doctrine of "caveat emptor" was gradually replaced by modern age consumer protection laws, which had burdened vendors with certain responsibilities to ensure fair trade practices in market---Purpose of such legislative instruments could not be defeated through adhesion contracts---Dismissal of complaint without obtaining version of driver of respondent/service provider was pre-mature---Trial Court should have decided grievance after exhaustive inquiry under applicable law and made every possible endeavor to trace whereabouts of driver of respondent/service provider---Dismissal of complaint in cursory manner, when existence of substance involved in lis had been admitted, was not warranted---High Court set aside order dismissing the complainant and remanded the matter to Trial Court for decision afresh, after taking version of driver of respondent/service provider---Trial Court could seek assistance of agencies of Federal Government mentioned in S. 6(2) of Islamabad Consumers Protection Act, 1995, to procure attendance of driver of respondent / service provider---Appeal was allowed accordingly.

ARBAZ RAHIM vs The MANAGER/INCHARGE CAREEM Ss — 2023 CLD 1348 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 CLD