SYMPL ENERGY PVT LTD. vs PRESIDING OFFICER S — 2025 CLD 1317 LAHORE-HIGH-COURT-LAHORE

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SYMPL ENERGY PVT LTD. VS PRESIDING OFFICER S. 35---Consumer complaints---Frivolous or vexatious claims, dismissal of---Terms "frivolous and "vexatious"---Definitions---Where a claim is found to be frivolous or vexatious, the Consumer Court shall dismiss the claim and impose fine on the claimant up to an amount not exceeding ten thousand rupees for having willfully instituted a false claim and shall award appropriate compensation to the defendant from the amount of fine so realized---This provision is aimed at curbing baseless or malicious complaints---The terms "frivolous" and "vexatious", as used in S. 35 of the Punjab Consumer Protection Act, 2005 carry distinct legal connotations---According to Black's Law Dictionary (Tenth Edition by Bryan A. Garnder) a "frivolous" action is one that lacks any legal basis or merit and is often brought to harass or embarrass the opposing party, and a "vexatious" proceeding, similarly, refers to one instituted without probable cause, primarily intended to cause inconvenience or expense to the defendant. Citation Name: 2025 CLD 1317 LAHORE-HIGH-COURT-LAHOREBookmark this Case SYMPL ENERGY PVT LTD. VS PRESIDING OFFICER Ss. 28(4) & 35---Consumer complaints, limitation of---Filing of claims beyond period of thirty days---Scope---Discretion of Consumer Court to allow or extend limitation period beyond thirty days where there is sufficient cause for not filing the claim within time---Plea of dismissal of claim being frivolous and vexatious---Claim being time barred does not mean same is frivolous and vexatious---Facts in brevity where that the petitioner/service provider (respondent before the Consumer Court) challenged an order of the Consumer Court refusing to summarily dismiss a complaint filed against it by respondent No. 2---Petitioner argued that the complaint was time-barred, as the limitation period under S. 28(4) of the Punjab Consumer Protection Act, 2005 (the "Act 2005") was thirty days from the accrual of cause of action, referring to case reported as PLD 2023 SC 482 titled Pak Suzuki Motors Co. Ltd. v. Faisal Jameel Butt) and also sought dismissal of the complaint under S. 35 of the Act 2005 on grounds that the claim was frivolous or vexatious---Held: The limitation period provided under S. 28(4) of the Act 2005, for filing a claim, was thirty days from the date of accrual of cause of action, however, the said period of limitation was not so absolute as to leave no room for filing claim beyond the stipulated period of thirty days as evident from the first proviso to S. 28(4) of the Act 2005, which vested discretion within the court to allow a claim to be filed within such time as the court might allow, if it was satisfied that there was sufficient cause for not filing the complaint within the specified period---Similarly, the second proviso provided an upper ceiling of sixty days from the expiry of warranty or guarantee and if no period was specified one year from the date of purchase of the product or providing of services---Thus, the legislature in its wisdom had conferred discretion for extending the limitation for filing of a claim beyond the stipulated period of thirty days---The case of 'Pak Suzuki Motors' relied upon by the petitioner was hardly of any help as it was enunciated therein that the limitation period of thirty days was to run from the date of accrual of case of action, however, the said case by no means denuded the Trial Court from its discretionary power of extension of limitation period vested under the law---In the present case, the respondent also filed an application for condonation of delay, asserting that negotiations were ongoing between the parties regarding compensation---These facts rendered the limitation as a mixed question of law and fact, which could not be adjudicated in summary manner, without recording of evidence, hence, case of 'Pak Suzuki Motors' was not applicable, on account of distinguishable facts---As far as the plea for dismissal of complaint being frivolous and vexatious was concerned it sufficed that such terms did not encompass matters where there existed a genuine legal issue, even if that issue pertained to limitation---A complaint that was barred by time may ultimately fail on legal grounds, but it does not, on that count becomes frivolous or vexatious when relationship of customer-service provider is admitted and the claims that were hit by limitation must be addressed under the scheme provided in S. 28 of the Act 2005---A complaint that might have been time barred would not per se be frivolous---The conjunctive reading of Ss. 28 and 35 of the Act, 2005 showed that claims which are frivolous and vexatious were to be dismissed and did not encompass within its purview such cases where the court below was vested with the discretion to extend limitation provided by the law---Thus, the Trial Court was justified in holding that the plea of limitation could not be resolved without examining the application for condonation of delay---Trial Court was directed to consider whether the explanation furnished in the application for condonation of delay met the standard under S. 28 of the Act, 2005 and to render a reasoned finding on the applicability of the limitation periods contemplated thereunder and its extension; and determine, whether the complaint of the respondent was within time---Petition was dismissed in limine, in circumstances.

SYMPL ENERGY PVT LTD. vs PRESIDING OFFICER S — 2025 CLD 1317 LAHORE-HIGH-COURT-LAHORE

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