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
Provisions referred to: S. 10; 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. 10 & 25---Defective part/item of sold product (car)---Warranty offered by the manufacturing company---Damages, award of---Scope---Consumer Court ordered the appellant/company to pay damages to the respondent/consumer while directing the appellant to replace the defective engine of the vehicle with new one without any charges---Held, that the respondent/consumer was under heavy duty to substantiate financial loss, mental torture/agony at the hands of appellant/company through independent and reliable evidence, which he (respondent/consumer) had failed to produce---Respondent had not suffered any damage from the vehicle, rather the defect was observed during a routine check-up---Restriction contained in the S. 10 of Punjab Consumer Protection Act, 2005 which stated that "where the consumer has not suffered any damage from the product except the loss of utility, the manufacturer shall not be liable for any damages except a return of the consideration or a part thereof and the costs"---Consumer Court had though rightly appreciated the facts and evidence while coming to the conclusion that the appellant/company was bound to replace the defective engine of the vehicle with new one without any charges, however, the Court below was not justified to award damages to the respondent/consumer---Claim of the respondent/consumer to the extent of damages was declined---Appeal was partly allowed.

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