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Citation Name: 2023 YLR 130 LAHORE-HIGH-COURT-LAHOREBookmark this Case MOHAMMAD ASLAM WADANI vs PRESIDING OFFICER, DISTRICT CONSUMER COURT, D — 2023 YLR 130 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 130 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 130 LAHORE-HIGH-COURT-LAHOREBookmark this Case MOHAMMAD ASLAM WADANI vs PRESIDING OFFICER, DISTRICT CONSUMER COURT, D
Subject matter
Civil
Provisions referred to
S. 2; S. 31; 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

Citation Name: 2023 YLR 130 LAHORE-HIGH-COURT-LAHOREBookmark this Case MOHAMMAD ASLAM WADANI VS PRESIDING OFFICER, DISTRICT CONSUMER COURT, D.G. KHAN S. 2 (14), O.XX, R.4 & O. XLI, R.31---Order and judgment---Necessary ingredients---Provision of reasons in a judgment/order is as necessary and imperative as water is for fish---Reasons inject life into a judgment/order and provide its basis---Non-provision of any reasons for allowing claim is conspicuous and stark---Even on such count alone judgment/order assailed. Citation Name: 2023 YLR 130 LAHORE-HIGH-COURT-LAHOREBookmark this Case MOHAMMAD ASLAM WADANI VS PRESIDING OFFICER, DISTRICT CONSUMER COURT, D.G. KHAN Ss. 25, 31 & 33---Consumer complaint--- Judgment--- Reasons, absence of---Complaint filed by respondent / complainant was partly accepted by Consumer Court imposing compensatory amount against appellant---Validity---Irrespective of the issue of strict application of Code of Civil Procedure, 1908 or Qanun-e-Shahadat, 1984, Consumer Court was bestowed with powers to adjudicate upon rights and liabilities of parties and to pass legally binding and judicially executable judgments/orders imposing fulfilment of obligations upon parties and directing payment of compensation as well as damages under S. 31 of Punjab Consumer Protection Act, 2005---Final order of Consumer Court passed under S.31 of Punjab Consumer Protection Act, 2005, at the very least, pass the test of being a legally valid judgment/order depicting independent application of judicial mind upon critical aspects of a controversy---Pivotal issues were not determined by Consumer Court and there was no narrative/discourse available in the order about actual issue on the basis of which claim was preferred and allowed---High Court set aside order passed by Consumer Court as there was no discourse in the order about how the Court came to the conclusion and matter was remanded for decision afresh---Appeal was allowed accordingly.

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