MURTAZA TALPUR vs LEOPARDS COURIER SERVICES Ss — 2025 CLD 1141 ISLAMABAD

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MURTAZA TALPUR VS LEOPARDS COURIER SERVICES Ss.8(1) & 9(3)---Punjab Consumer Protection Act (II of 2005), S.31---Comparative analysis of Punjab and Islamabad consumer protection laws---Whether Consumer Court can award general/special damages---Consumer Court empowered to grant full compensation---Statutory language allowing recovery beyond price paid---The provisions of the Punjab Consumer Protection Act, 2005 serve as a useful comparison in this regard---Section 31 of the Punjab Consumer Protection Act, 2005 provides the actions the Punjab Consumer Court can order the defendant to take in the stipulated circumstances---Examination of S. 31 of the Punjab Consumer Protection Act, 2005 reveales that price or charges paid by the claimant; compensation for loss; damages; and actual costs including lawyer's fees incurred on the legal proceedings are treated as separate and distinct remedies that could be ordered by the Punjab Consumer Court---It was clear from Ss. 10 & 15 of the Punjab Consumer Protection Act, 2005 that the consideration paid and cost incurred is a component of damages which is treated as a separate remedy only because it is the consumer's sole remedy in the stipulated circumstances and in contradistinction thereto, the Islamabad Consumer Protection Act, 1995 does not expressly restrict the recovery of damages to return of the consideration amount or cost incurred in any given circumstances rather it empowers the Consumer Court to order compensation for any damage or loss suffered through any unfair trade practice as may be deemed appropriate---Since the plain language of S. 9(3) of the Islamabad Consumer Protection Act, 1995 authorizes the Islamabad Consumer Court to award compensation for damage or loss without any restriction (except that it must be damage or loss suffered on account of any unfair trade practice) and the Islamabad Consumer Court may frame issues, record evidence, etc., there was no reason why only the consideration paid may be recovered under the Islamabad Consumer Protection Act, 1995 but not any other type of damage even if suffered on account of an unfair trade practice---Consumer Court Islamabad was empowered to award compensation to a consumer for any damages or loss suffered through any 'unfair trade practice' including but not limited to consideration paid provided the consumer was able to prove such damages.

MURTAZA TALPUR vs LEOPARDS COURIER SERVICES Ss — 2025 CLD 1141 ISLAMABAD

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