The INDUS MOTOR COMPANY LIMITED vs ABDUL KHALID GILL Ss — 2023 PLD 516 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 516 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: The INDUS MOTOR COMPANY LIMITED vs ABDUL KHALID GILL Ss
Subject matter: Criminal
Provisions referred to: S. 28; Punjab Consumer 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

The INDUS MOTOR COMPANY LIMITED VS ABDUL KHALID GILL Ss. 25 & 28---Defective part/item of sold product (car)---Claim of the consumer in light of the warranty offered by the manufacturing company---Cause of action, accrual of---Limitation---Consumer Court directed the appellant to replace the defective engine of the vehicle with new one without any charges---Contention of the appellant/motor vehicle manufacturing company ('company') was that the claim of the respondent/consumer was time-barred as the cause of action accrued when the matter was reported for the first time by the complainant, whereas he filed complaint after about forty-six (46) days of said reporting---Validity---Record revealed that the prescribed notice in terms of S. 28(1) of the Punjab Consumer Protection Act, 2005 ('the Act 2005') was issued to the appellant about seventeen (17) days after the defect had been reported---Reply to the said notice, denying the claim of the respondent/consumer, was transmitted by the appellant after thirty (30) days of reporting but fifteen (15) days of sending of notice---Cause of action, in the present case, accrued on said date of denial of claim by the appellant/company, thus the complaint having been filed after about fourteen (14) days of said denial was well within time prescribed in S. 28(4) of the Act, 2005---High Court maintained the order passed by the Consumer Court that the appellant/company was bound to replace the defective engine of the vehicle with new one without any charges---Appeal was dismissed, in circumstances.

Other judgments reported in 2023 PLD

2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) R. 4---Councils of Complaints---C…
2023 PLD 431 SUPREME-COURTPAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) VS ARY COMMUNICATIONS PRIVATE LIMITED (ARY DIGITAL) arts. 19 & 19a---Tolerance---Cons…
2023 PLD 174 SUPREME-COURTS.D.O./A.M., Hasht Nagri Sub-Division, PESCO, Peshawar VS KHAWAZAN ZAD S. 99 & O.I, R. 10---Misjoinder of parties---Curable defect---Misjoin…
2023 PLD 588 SUPREME-COURTNADIA NAZ VS The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD art. 188---Review of judgments by the Supreme Court---Grounds---Error…
2023 PLD 536 SUPREME-COURTGUFRAN ALI VS HASEEB KHAN S. 8(1)---Juvenile---Determination of age---Ossification test---Scope and significance of ossification test in det…
2023 PLD 516 SUPREME-COURTA. RAHIM FOODS (PVT.) LIMITED VS K&N'S FOODS (PVT.) LIMITED S. 10(2)(d)---Deceptive marketing practices, action for---Pre-requisites---Regis…

Back to the case-law library · Search Pakistani case law in Urdu or English