Millat Tractors ltd. Sheikhupura Road, Shahdra, Lahore vs Mst — 2025 MLD 889 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 889 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Millat Tractors ltd. Sheikhupura Road, Shahdra, Lahore vs Mst
Subject matter: Civil
Provisions referred to: S. 5---D; S. 28; S. 5; Limitation Act ( IX of 1908 ); Punjab Consumer Protection Act; Limitation 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

Millat Tractors ltd. Sheikhupura Road, Shahdra, Lahore VS Mst. Farkhanda Jabeen Ss. 25 & 28 (4)---Limitation Act ( IX of 1908 ) , S. 5---Defective and faulty services¬---Cause of action, accrual of---Complaint, filing of---Limitation---Tractor Manufacturer filed appeal as District Consumer Court accepted claim of excess charging with regards to purchase of tractor---Validity---In the present case, the cause of action accrued to the respondent / claimant on the date (16.11.2011) when she deposited the purported excess amount and received the delivery of tractor; however, she issued legal notice to the appellants (on 24.02.2012 ) after about three months and one week of said date and filed the complaint (on 27.04.2012) after more than two months of issuing legal notice, which otherwise should have been filed within 30 days from accrual of cause of action, because the provision of law under S.28(4) of the Punjab Consumer Protection Act , 2005, provides period of 30 days for filing such claim from the date of accrual of cause of action---Respondent/claimant did not file any application for condonation of delay under S.5 of the Limitation Act, 1908, showing sufficient cause for delay--- High Court set-aside the impugned judgment passed by District Consumer Court, consequently, the complaint filed by the respondent stood dismissed --- Appeal filed by manufacturer , was allowed, in circumstances.

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