2023 MLD 1145 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 1145 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Subject matter: Criminal
Provisions referred to: S. 22---C; S. 2; Preamble--- Khyber Pakhtunkhwa Environmental Protection Act (XXXVIII of 2014); Khyber Pakhtunkhwa Consumer Protection Act; Khyber Pakhtunkhwa Environmental Protection 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

Citation Name: 2023 MLD 1145 PESHAWAR-HIGH-COURTBookmark this Case CHIEF OFFICER MUNICIPAL COMMITTEE KHALABAT TOWNSHIP, HARIPUR VS Malik ABDUL RAHEEM Ss. 2(g), (n), 16, 17 & Preamble--- Khyber Pakhtunkhwa Environmental Protection Act (XXXVIII of 2014), S. 22---Consumer protection---Service---Scope---Environment protection---Appellants were employees of Municipal Committee and complainant sought relocation of dumping zone for garbage of the city---Appellants were aggrieved of conviction awarded by Trial Court for violating directions issued to them---Validity---To encourage fair trade practices and to protect legitimate interests of consumers, Khyber Pakhtunkhwa Consumer Protection Act, 1997, was promulgated---Consumer is the person who buys goods for consideration or hires services---To attract provision of Khyber Pakhtunkhwa Consumer Protection Act, 1997, complainant had to prove that he was a consumer by way of purchase of goods or hired services of a service providers for consideration---Respondent/ complainant neither purchased any goods nor hired services of appellants, rather they were aggrieved from the actions/acts of appellants for establishing a dumping site for waste material, creating hazard and nuisance to nearby population---Grievance of respondent/complainant was not in respect of goods for services in view of S. 2(g) & (n) of Khyber Pakhtunkhwa Consumer Protection Act, 1997---Matter fell within the jurisdiction of Tribunal established under Khyber Pakhtunkhwa Environmental Protection Act, 2014---High Court set aside conviction and sentence awarded to appellants and remanded the matter to Trial Court to return the complaint for presenting it before competent forum---Appeal was allowed accordingly.

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