AIR BLUE (PVT.) LIMITED through M.D. vs JUDGE CONSUMER COURT (WEST), ISLAMABAD S — 2023 PLD 189 ISLAMABAD

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AIR BLUE (PVT.) LIMITED through M.D. VS JUDGE CONSUMER COURT (WEST), ISLAMABAD S. 2(c) & (e)---Carriage by Air Act (IV of 2012), Ss. 4, 33 & 34---Constitution of Pakistan, Art. 199---Constitutional petition---Consumer rights---Travel by air---Liability of airline---Forum of adjudication---Petitioner/Airline was aggrieved of proceedings initiated under Islamabad Consumer Protection Act, 1995, for imposing damages upon it for loss of baggage of respondent/passenger---Validity---Manner of determining liability of a carrier and quantum whereof were matters covered by the First Schedule to the Carriage by Air Act, 2012---Person, for whose benefit such claim could be made, came within the ambit of Second Schedule---In either case general provisions of law stood excluded and matter was to be determined within the four corners of Carriage by Air Act, 2012, read with its Conventions referred to in the Schedules---Said Act was special act and only provided mechanism to quantify damages under terms of Conventions---There was no exclusion provision in Carriage by Air Act, 2012, to exclude jurisdiction of any other court, tribunal or forum---Legislative intent was to be considered accordingly and claim submitted against petitioner required no interference---Consumer or complainant or any passenger who suffered loss at the hands of any carriage by air company or airline could either approach Consumer Court to claim his original amounts of loss suffered as consumer or could claim further damages, special damages, pecuniary damages from plenary court of civil jurisdiction---Rights of consumer with reference to damages or loss suffered could only be calculated on the yardstick provided in Carriage by Air Act, 2012---High Court declined to interfere in proceedings pending adjudication before Court under Islamabad Consumer Protection Act, 1995--- Constitutional petition was dismissed, in circumstances.

AIR BLUE (PVT.) LIMITED through M.D. vs JUDGE CONSUMER COURT (WEST), ISLAMABAD S — 2023 PLD 189 ISLAMABAD

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