PUNJAB CONSUMER PROTECTION ACT 2005
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THE PUNJAB CONSUMER PROTECTION ACT 2005 (II of 2005)
TEXT 1THE PUNJAB CONSUMER PROTECTION ACT 2005 (II of 2005) [25th January, 2005] An Act to provide for protection and promotion of the rights and interests of the consumers. Preamble.– Whereas, it is expedient to provide for protection and promotion of the rights and interests of the consumers, speedy redress of consumer complaints and for matters connected therewith;
It is hereby enacted as follows:–
PART I
PRELIMINARY
Section 1. Short title, extent and commencement
(1) This Act may be called the Punjab Consumer Protection Act 2005.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context,–
(a) “Act” means the Punjab Consumer Protection Act 2005; 2[(b) “Authority” means the officer as provided in sub-section (1) of section 23 of the Act;]
(c) “consumer” means a person or entity who–
(i) buys or obtains on lease any product for a consideration and includes any user of such product but does not include a person who obtains any product for resale or for any commercial purpose; or
(ii) hires any services for a consideration and includes any beneficiary of such services;
3[Explanation: for the purposes of sub-clauses (i) and (ii):
(a) the expression “buys or obtains on lease any product” and “hires any services” includes offline or online transactions
1This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19 January 2005; and, was published in the Punjab Gazette (Extraordinary), dated: 25 January 2005, pp. 2565 to 2573.
2Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(i).
3Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(ii).
through electronic means or teleshopping or direct selling or multi-level marketing; and
(b) the expression “commercial purpose” does not include use by a consumer of products bought and used by him only for the purpose of his livelihood as a self-employed person.]
(d) “damage” means all damage caused by a product or service including damage to the product itself and economic loss arising from a deficiency in or loss of use of the product or service;
(e) “entity” means an organization that has a legal identity apart from its members;
(f) “Government” means the Government of the Punjab;
(g) “laboratory” means a laboratory established or recognized by the Provincial Consumer Protection Council and includes any such laboratory or organization established by or under any law for the time being in force, which is maintained, financed, aided or recognized by the Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect;
(h) “manufacturer” includes a person or entity who–
(i) is in the business of manufacturing a product for purposes of trade or commerce;
(ii) labels a product as his own or who otherwise presents himself as the manufacturer of the product;
(iii) as a seller exercises control over the design, construction or quality of the product that causes damage;
(iv) assembles a product by incorporating into his product a component or part manufactured by another manufacturer; and
(v) is a seller of a product of a foreign manufacturer and assumes or administers warranty obligations of the product, or is affiliated with the foreign manufacturer by way of partial or complete ownership or control; or modifies or prepares the product for sale or distribution;
(i) “manufacturing a product” means producing, fabricating, constructing, designing, remanufacturing, reconditioning or refurbishing a product;
(j) “product” has the same meaning as assigned to the word “goods” in the Sale of Goods Act, 1930, and includes products which have been subsequently incorporated into another product or an immovable but does not include animals or plants or natural fruits and other raw products, in their natural state, that are derived from animals or plants;
(k) “services” includes the provision of any kind of facilities or advice or assistance such as provision of medical, legal or engineering services but does not include–
(i) the rendering of any service under a contract of personal service;
(ii) the rendering of non-professional services like astrology or palmistry; or
(iii) a service, the essence of which is to deliver judgment by a court of law or arbitrator;
(l) “reasonably anticipated alteration or modification” means a change in a product that a product manufacturer should reasonably expect to be made by an ordinary person in the same or similar circumstances and a change arising from ordinary wear or tear, but does not include–
(i) changes to or in a product because the product does not receive reasonable care and maintenance; or
(ii) alteration, modification or removal of an otherwise adequate warning; or
(iii) the failure of the seller to provide an adequate warning to the consumer where the same had been provided by the manufacturer and he could do no more; and
(m) “reasonably anticipated use” means a use or handling of a product that the product manufacturer should reasonably expect of an ordinary person in the same or similar circumstances.
Section 3. Act not in derogation of any other law
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in
force.
PART II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
Section 4. Liability for defective products
(1) The manufacturer of a product shall be liable to a consumer for damages proximately caused by a characteristic of the product that renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer.
(2) A product shall be defective only if–
(a) it is defective in construction or composition as provided in section 5;
(b) it is defective in design as provided in section 6;
(c) it is defective because an adequate warning has not been given as
provided in section 7; and
(d) it is defective because it does not conform to an express warranty of the manufacturer as provided in section 8.
Section 5. Defective in construction or composition
A product shall be defective in construction or composition if, at the time the product was manufactured, a material deviation was made from the manufacturers’ own specifications, whether known to the consumer or not.
Section 6. Defective in design
(1) A product shall be defective in design if, at the time the product left its manufacturer’s control–
(a) there existed an alternative design for the product that was capable of preventing the damage to a consumer; and
(b) the likelihood and gravity of damage outweighed the burden on the manufacturer of adopting such alternative design and any adverse effect of such alternative design on the utility of the product.
(2) When the manufacturer has used reasonable care to provide adequate warning to the users or handlers of the product, it shall be considered in evaluating the likelihood of damage arising from the design of a product.
Section 7. Defective because of inadequate warning
(1) A product shall be defective if an adequate warning about the product that it possessed a characteristic that could cause damage, has not been provided at the time the product left its manufacturer’s control or the manufacturer has failed to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product:
Provided that a manufacturer shall not be required to provide an adequate warning about his product when–
(a) the ordinary user or handler of the product could know, with the ordinary knowledge common to the community, that the product has dangerous characteristics which could cause damage; or
(b) the user or handler of the product already knows or should be reasonably expected to know that the product has characteristics which were dangerous and could cause damage.
(2) A manufacturer of a product who, after the product has left his control, acquires knowledge about the dangerous characteristics of the product that could cause damage, or who would have acquired such knowledge had he acted as a reasonably prudent manufacturer, shall be liable for damage caused by his subsequent failure to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product.
Section 8. Defective because of non-conformity to express warranty
A product shall be defective when it does not conform to an express warranty made at any time by the manufacturer about the product if the express warranty has induced the claimant to use the product and the claimant’s damage was proximately caused because the express warranty was untrue.
Section 9. Proof of manufacturer’s knowledge
(1) Notwithstanding anything contained in section 6, a manufacturer of a product shall not be liable for damage proximately caused by a characteristic of product’s design if the manufacturer proves that at the time the product left his control–
(a) he did not know and, in the light of the then existing and reasonably available scientific and technological knowledge, could not have known the design characteristic that caused the damage or the danger of such characteristic; or
(b) he did not know and, in the light of the then existing and reasonably available scientific and technological knowledge, could not have known of the alternative design identified by the consumer under section 6 (1); or
(c) the alternative design identified by the consumer under section 6 (1) was not feasible in the light of the then existing and reasonably available scientific and technological knowledge or then existing economic practicality.
(2) Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer of a product shall not be liable for damage if the manufacturer proves that, at the time the product left his control, he did not know and, in the light of the then existing and reasonably available scientific and technological knowledge, could not have known of the characteristic that caused the damage or the danger of such characteristic.
Section 10. Restriction on grant of damages
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.
Section 11. Duty of disclosure
(1) Where the nature of the product is such that the disclosure of its component parts, ingredients, quality, or date of manufacture and expiry is material to the decision of the consumer to enter into a contract for sale, the manufacturer shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by general or special order, require such disclosure in any particular case.
Section 12. Prohibition on exclusions from liability
The liability of a person by virtue of this part to a consumer who has suffered damage shall not be limited or excluded by the terms of any contract or by any notice.
PART III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES
Section 13. Liability for faulty or defective services
A provider of services shall be liable to a consumer for damages proximately caused by the provision of services that have caused damage.
Section 14. Standard of provision of services
(1). Where the standard of provision of a service is regulated by a special law, provincial or federal, the standard of services shall be deemed to be the standard laid down by such special law.
(2) Where the standard of a service has not been provided for in any law or by the professional or trade body concerned, the standard shall be that which at the time of the provision of the service, a consumer could reasonably expect to obtain at that time in Pakistan.
Section 15. Restriction on grant of damages
Where the consumer has not suffered any damages from the provision of service except lack of benefit, the service provider shall not be liable for any damages except a return of the consideration or a part thereof and the costs.
Section 16. Duty of disclosure
(1) Where the nature of the service is such that the disclosure of the capabilities or qualifications of the provider of the service or the quality of the products that he intends to use for provision of the service is material to
the decision of the consumer to enter into a contract for provision of services, the provider of services shall disclose the same.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by general or special order, require such disclosure in any case.
Section 17. Prohibition on exclusions from liability
The liability of a person by virtue of this Part to a person who has suffered damage shall not be limited or excluded by the terms of any contract or by any notice.
PART IV
OBLIGATIONS OF MANUFACTURERS
Section 18. Prices to be exhibited at the business place
Unless a price catalogue is available for issue to customer, the manufacturer or trader shall display prominently in his shop or display-centre a notice specifying the retail or wholesale price, as the case may be, of every goods available for sale in that shop or display-centre.
Section 19. Receipt to be issued to the purchaser
Every manufacturer or trader who sells any goods shall issue to the purchaser a receipt showing–
(a) the date of sale;
(b) description of goods sold;
(c) the quantity and price of the goods; and
(d) the name and address of the seller.
Section 20. Return and refund policy
Return and refund policy of a seller shall be disclosed to the buyer clearly before the transaction is completed by means of a sign at the point of purchase.
PART V
UNFAIR PRACTICES
Section 21. False, deceptive or misleading representation
No person shall make a false, deceptive or misleading representation that–
(a) the products are of a particular kind, standard, quality, grade, quantity, composition, style or model;
(b) the products have particular history or particular previous use;
(c) the services are of a particular kind, standard or quality;
(d) the services are provided by a person having a requisite skill or qualification or experience;
(e) the products were manufactured, produced, processed or reconditioned at a particular time;
(f) the products or services have any sponsorship, approval, endorsement, performance, characteristics, accessories, uses or benefits;
(g) the products are new or reconditioned or have been in use for a particular period of time only;
(h) the seller or producer of products or provider of services has any sponsorship, approval, endorsement or affiliation;
(i) the products or services are necessary for somebody’s well being;
(j) concerns the existence, exclusion or effect of any condition, guarantee, right or remedy; and
(k) concerns the place of origin of products.
Section 22. Prohibition on bait advertisement
(1) No person shall, in trade, advertise or supply at a specified price products or services which that person–
(a) does not intend to offer for supply; or
(b) does not have reasonable grounds for believing that they can be supplied at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.
(2) Any person who has advertised products or services for supply at a specified price shall offer such products or services for supply at that price for a period that is, and in quantities that are reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.
PART VI
THE POWERS OF THE AUTHORITY
Section 23. Powers of Authority
4[(1) The Deputy Commissioner of a concerned district or any other officer, as may be notified in the official Gazette by the Government, on its own motion or on a complaint filed to him, in writing, by any person, against the violation of the provisions of sections 11, 16, 18 and 19 of the Act, may, after having been satisfied and after affording an opportunity of being heard, impose a fine on the violator which may extend to one hundred thousand rupees, but shall not be less than one thousand rupees or equal to hundred percent value of the product or service, whichever is lesser, which may be recoverable as arrears of land revenue.]
(2) The Authority may file a claim for declaring a product defective under sections 4, 5, 6, 7 or 8 or a service as faulty or defective under section 13 without proof of any damage actually suffered by a consumer but likely to be suffered keeping in view the general standard of that service.
(3) The Authority may file a claim before the Consumer Court for declaring any act on the part of any person as being in contravention to Part IV of this Act without proof of any damage actually suffered but likely to be suffered due to the said contravention.
(4) The Authority on receipt of a complaint or a reference from the Consumer Protection Council or on his own motion, may hold an inquiry as to defects in products or services or practices which contravene any of the provisions of this Act. No prior notice shall be required to be given to a manufacturer or provider of services for the purposes of holding an inquiry.
4Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 3.
(5) The Authority, while holding an inquiry, may direct the police or any other officer or authority of the Government to gather such evidence as it deems necessary or to perform function in accordance with law which have an impact on the inquiry.
(6) The Authority may delegate his powers under this Act through a notification to any officer of the Government with its prior approval.
(7) Any person aggrieved by the order passed under sub-section (1) may file an appeal before the Government within thirty days of such order.
[5] Section 23A. Powers of Government
(1) The Government may, by general or special order and subject to such conditions as may be prescribed, exercise all or any of the powers conferred upon the Authority under this Act except the power of imposition of fine under section 23(1).
(2) The Government may, from time to time, issue directions to the Authority with regard to the performance of the functions of the Authority under this Act.
(3) The Government may, at any stage, modify or set aside any order or action of the Authority subject to such condition or conditions as it may deem fit.]
PART VII
CONSUMER PROTECTION COUNCIL
Section 24. Consumer Protection Council
(1) The Government shall set up a Consumer Protection Council in the Province.
(2) The Government may set up Consumer Protection Councils in one or more districts which shall report to the Provincial Consumer Protection Council.
(3) The Consumer Protection Councils shall have such other functions as may be assigned to them by the Government by notification in the official Gazette.
(4) The Provincial Consumer Protection Council shall gather such information and data as may be necessary in order to remove unreasonably dangerous products and faulty and defective services from trade or commerce.
(5) Each Consumer Protection Council shall have an adequate representation of consumers and associations of trade, industry and services, as the case may be, duly registered under the law for the time being in force; provided that the representation of consumers on the Council, other than any ex-officio members, shall not be less than fifty per cent of its total membership.
PART VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS
Section 25. Filing of Claims
A claim for damages arising out of contravention of any provisions of this Act shall be filed before a Consumer Court set up under this Act.
5Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006), published in the Punjab Gazette (Extraordinary), dated: 17 October 2006, pp. 1383-1384, s. 3.
[6] Section 26. Consumer Courts
(1) The Lahore High Court shall, by notification, designate a District Judge or an Additional District Judge in each district, having specific area of jurisdiction, as Consumer Court to try cases under the Act:
Provided that the Lahore High Court may notify one or more such Courts in a district and in case of more than one Consumer Courts in a district, the senior judge of such Courts shall act as the administrative judge of the Consumer Courts in that district.
(2) All cases pending in the defunct Consumer Courts before the commencement of the Punjab Consumer Protection (Amendment) Act 2025 shall stand transferred to the Consumer Courts of respective specific areas, designated under sub-section (1), which may continue the proceedings from the point where it were left or may take additional evidence if so required.
(3) All employees of the defunct Consumer Courts shall stand transferred to their parent Department.]
Section 27. Jurisdiction of Consumer Courts
Subject to the provisions of this Act, the Consumer Court shall have jurisdiction to entertain complaints within the local limits of whose jurisdiction–
(a) the defendant or each of the defendants, where there are more than one, at the time of filing of the claim, actually and voluntarily resides or carries on business or personally works for gain; or
(b) any of the defendants where there are more than one, at the time of the filing of the claim, actually and voluntarily resides, or carries on business, or personally works for gain; provided that in such a case the permission is granted by the Consumer Court or the defendants who do not reside, or carry on business, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action wholly or in part arises.
Section 28. Settlement of Claims
(1) A consumer who has suffered damage, or Authority in other cases, shall, by written notice, call upon a manufacturer or provider of services that a product or service is defective or faulty, or the conduct of the manufacturer or service provider is in contravention of the provisions of this Act and he should remedy the defects or give damages where the consumer has suffered damage, or cease to contravene the provisions of this Act.
(2) The manufacturer or service provider shall, within fifteen days of the receipt of the notice, reply thereto.
(3) No claim shall be entertained by a Consumer Court unless the consumer or the Authority has given notice under sub-section (1) and provides proof that the notice was duly delivered but the manufacturer or service provider has not responded thereto.
6Substituted by the Punjab Consumer Protection (Amendment) Act 2025 (LIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 4.
(4) A claim by the consumer or the Authority shall be filed within thirty days of the arising of the cause of action:
Provided that the Consumer Court, having jurisdiction to hear the claim, may allow a claim to be filed after thirty days within such time as it may allow if it is satisfied that there was sufficient cause for not filing the complaint within the specified period:
Provided further that such extension shall not be allowed beyond a period of sixty days from the expiry of the warranty or guarantee period specified by the manufacturer or service provider and if no period is specified one year from the date of purchase of the products or providing of services.
Section 29. Settlement at pretrial stage
Any party to the dispute may, at the pretrial stage, make a firm written offer of settlement stating the amount offered for settlement and if the offer is accepted by the opposing party, the Consumer Court shall pass an order in terms of the settlement:
Provided that notwithstanding anything contained in any other law for the time being in force, the party refusing the offer of settlement shall pay actual costs of litigation, including lawyer’s fees, in case the final order of the Consumer Court is passed against that party:
Provided further that the court’s approval regarding settlement shall be required in the following matters–
(i) claims of a minor;
(ii) claims of a legally incapacitated person; and
(iii) claims involving collective rights.
Section 30. Procedure on receipt of complaint
(1) The Consumer Court shall, on receipt of a claim if it relates to any products,–
(a) forward a copy of the claim to the defendant mentioned in the claim directing him to file his written statement within a period of fifteen days or such extended period not exceeding fifteen days;
(b) where the defendant, on receipt of claim referred to him under clause (a), denies or disputes the allegations contained in the claim, or omits or fails to present his case within the time specified, as the case may be, the Consumer Court shall proceed to settle the consumer dispute in the manner specified hereafter;
(c) where the claim alleges that products are defective and do not conform to the accepted industry standards, the Consumer Court may decide the dispute on the basis of the evidence relating to the accepted industry standards and by inviting expert evidence in this regard;
(d) where the dispute cannot be determined without proper analysis or test of products, the Consumer Court shall obtain sample of the products from the complainant, seal it and authenticate it in the manner prescribed and refer the sample to a laboratory along with a direction to make analysis or test, whichever may be necessary, with a view to finding out if such products suffer from any defect and to report its findings to the Consumer Court within a period of thirty days of the
receipt of the reference or within such period as may be extended, not exceeding fifteen days by the Consumer Court; and
(e) the Consumer Court may require the claimant to deposit to the credit of the Consumer Court such fees as may be specified, for payment to the laboratory for carrying out the necessary analysis or test and the fee so deposited by the claimant shall be payable by the defendant if the test or analysis support the version of the claimant.
(2) The Consumer Court shall, if the claim relates to any services,–
(a) forward a copy of such claim to the defendant directing him to file his written statement within a period of fifteen days or such extended period not exceeding fifteen days as may be granted by the Consumer Court; and
(b) on receipt of the written statement of the defendant, if any, under clause (a), proceed to settle the dispute on the basis of evidence produced by both the parties:
Provided that if the defendant does not deny or dispute the allegations made in the complaint or fails to present his case within the specified period, the dispute shall be settled on the basis of the evidence brought by the claimant.
(3) For the purposes of this section, the Consumer Court shall have the same powers as are vested in civil court under the Code of Civil Procedure, 1908 (Act XX of 1908), while trying a suit, in respect of the following matters, namely:–
(a) the summoning and enforcing attendance of any defendant or witness and examining him on oath;
(b) the discovery and production of any document or other material object which may be produced as evidence;
(c) the receiving of evidence on affidavits;
(d) issuing of any commission for the examination of any witness; and
(e) any other matter which may be prescribed.
(4) Every proceeding before the Consumer Court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code 1860 (Act XLV of 1860), and section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898):
Provided that the personal presence of the claimant before the Consumer Court shall not be required till the defendant has put up appearance before it.
(5) The Consumer Court shall decide the claim within six months after the service of summons on the respondent.
Section 31. Order of Consumer Court
If, after the proceedings conducted under this Act, the Consumer Court is satisfied that the products complained against suffer from any of the defects specified in the claim or that any or all of the allegations contained in the claim about the services provided are true, it shall issue an order to the defendant directing him to take one or more of the following actions, namely:–
(a) to remove defect from the products in question;
(b) to replace the products with new products of similar description which shall be free from any defect;
(c) to return to the claimant the price or, as the case may be, the charges paid by the claimant;
(d) to do such other things as may be necessary for adequate and proper compliance with the requirements of this Act;
(e) to pay reasonable compensation to the consumer for any loss suffered by him due to the negligence of the defendant;
(f) to award damages where appropriate;
(g) to award actual costs including lawyers’ fees incurred on the legal proceedings;
(h) to recall the product from trade or commerce;
(i) to confiscate or destroy the defective product;
(j) to remedy the defect in such period as may be deemed fit; or
(k) to cease to provide the defective or faulty service until it achieves the required standard.
Section 32. Penalties
(1) Where a manufacturer fails to perform or in any way infringes the liabilities provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with imprisonment which may extend to two years or with fine which may extend to hundred thousand rupees or with both in addition to damages or compensation as may be determined by the court.
(2) Where a defendant or the claimant fails or omits to comply with any order made by the Consumer Court, such defendant or the claimant shall be punishable with imprisonment for a term not less than one month which may extend to three years, or with fine not less than five thousand rupees which may extend to twenty thousand rupees or with both.
Section 33. Appeal
Any person aggrieved by any final order of the Consumer Court may file an appeal in the Lahore High Court within 30 days of such order.
Section 34. Finality of Order
Every order of the Consumer Court, if no appeal has been preferred against such order under the provisions of this Act, shall become final.
Section 35. Dismissal of frivolous or vexatious claims
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.
PART IX
MISCELLANEOUS
Section 36. Aid to the Consumer Court
All agencies of the Government shall act in aid of the Consumer Court in the performance of its functions under this Act.
Section 37. Immunity
No suit, prosecution or other legal proceedings shall lie against any functionary under this Act, acting under the direction of the Consumer Council or the Government for anything which is in good faith done or intended to be done under this
Act.
Section 38. Power to make rules
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
Section 39. Power to remove difficulties
If any difficulty arises in giving effect to any of the provisions of this Act, the Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing such difficulty.
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CONTENTS PART I PRELIMINARY 1. Short title, and commencement 2. Definitions 3. Act not in derogation of any other law PART II LIABILITY ARISING FROM DEFECTIVE PRODUCTS 4. Liability for defective products 5. Defective in construction or composition 6. Defective in design 7. Defective because of inadequate warning 8. Defective because of non-conformity to express warranty 9. Proof of manufacturer’s knowledge 10. Restriction on grant of damages 11. Duty of disclosure 12. Prohibition on exclusions from liability PART III LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES 13. Liability for faulty or defective services 14. Standard of provision of services 15. Restriction on grant of damages 16. Duty of disclosure 17. Prohibition on exclusions from liability PART IV OBLIGATIONS OF MANUFACTURERS 18. Prices to be exhibited at the business place 19. Receipt to be issued to the purchaser 20. Return and refund policy PART V UNFAIR PRACTICES 21. False, deceptive or misleading representation 22. Prohibition on bait advertisement PART VI THE POWERS OF THE AUTHORITY 23. Powers of Authority 23-A. Powers of Government PART VII CONSUMER PROTECTION COUNCIL 24. Consumer Protection Council PART VIII DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS 25. Filing of Claims 26. Consumer Courts 27. Jurisdiction of Consumer Courts 28. Settlement of Claims 29. Settlement at pretrial stage 30. Procedure on receipt of complaint 31. Order of Consumer Court 32. Penalties 33. Appeal 34. Finality of Order 35. Dismissal of frivolous or vexatious claims PART IX MISCELLANEOUS 36. Aid to the Consumer Court 37. Immunity 38. Power to make rules 39. Power to remove difficulties
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THE PUNJAB CONSUMER PROTECTION ACT 2005
(II of 2005)
CONTENTS
PART I
PRELIMINARY
1. Short title, and commencement
2. Definitions
3. Act not in derogation of any other law
PART II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
4. Liability for defective products
5. Defective in construction or composition
6. Defective in design
7. Defective because of inadequate warning
8. Defective because of non-conformity to express warranty
9. Proof of manufacturer’s knowledge
10. Restriction on grant of damages
11. Duty of disclosure
12. Prohibition on exclusions from liability
PART III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES
13. Liability for faulty or defective services
14. Standard of provision of services
15. Restriction on grant of damages
16. Duty of disclosure
17. Prohibition on exclusions from liability
PART IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place
19. Receipt to be issued to the purchaser
20. Return and refund policy
PART V
UNFAIR PRACTICES
21. False, deceptive or misleading representation
22. Prohibition on bait advertisement
PART VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority
23-A. Powers of Government
PART VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council
PART VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims
26. Consumer Courts
27. Jurisdiction of Consumer Courts
28. Settlement of Claims
29. Settlement at pretrial stage
30. Procedure on receipt of complaint
31. Order of Consumer Court
32. Penalties
33. Appeal
34. Finality of Order
35. Dismissal of frivolous or vexatious claims
PART IX
MISCELLANEOUS
36. Aid to the Consumer Court
37. Immunity
38. Power to make rules
39. Power to remove difficulties
TEXT
1
THE PUNJAB CONSUMER PROTECTION ACT 2005
(II of 2005)
[25th January, 2005]
An
Act
to provide for protection and promotion of the rights and interests of the consumers.
Preamble.– Whereas, it is expedient to provide for protection a nd promotion of the
rights and interests of the consumers, speedy redress of consumer complaints and for
matters connected therewith;
It is hereby enacted as follows:–
PART I
PRELIMINARY
1. Short title, extent and commencement .– (1) This Act may be called the
Punjab Consumer Protection Act 2005.
(2) It shall extend to the whole of the Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant in the subject or
context,–
(a) “Act” means the Punjab Consumer Protection Act 2005;
2
[(b) “Authority” means the officer as provided in sub -section (1) of section
23 of the Act;]
(c) “consumer” means a person or entity who–
(i) buys or obtains on lease any product for a consideration and
includes any user of such product but does not include a person
who obtains any product for resale or for any commercial
purpose; or
(ii) hires any services for a consideration and includes any
beneficiary of such services;
3
[Explanation: for the purposes of sub-clauses (i) and (ii):
(a) the expression “buys or obtains on lease any product” and
“hires any services” includes offline or online transactions
1This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19 January
2005; and, was published in the Punjab Gazette (Extraordinary), dated: 25 January 2005, pp. 2565 to 2573.
2Substituted by the Punjab Consumer Protection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te
(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(i).
3Substituted by the Punjab Consumer Protection (Ame ndment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te
(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(ii).
through electronic means or teleshopping or direct selling or
multi-level marketing; and
(b) the expression “commercial purpose” does not include use by
a consumer of products bought and used by him only for the
purpose of his livelihood as a self-employed person.]
(d) “damage” means all damage caused by a product or service including
damage to the product itself and economic loss arising from a deficiency
in or loss of use of the product or service;
(e) “entity” means an organization that has a legal identity apart from its
members;
(f) “Government” means the Government of the Punjab;
(g) “laboratory” means a laboratory established or recognized by the
Provincial Consumer Protection Council and includes any such laboratory
or organization established by or under any law for the time being in force,
which is maintained, financed, aided or recognized by the Government for
carrying out analysis or test of any goods with a view to determining
whether such goods suffer from any defect;
(h) “manufacturer” includes a person or entity who–
(i) is in the business of manufacturing a product for purposes of
trade or commerce;
(ii) labels a product as his own or who otherwise presents himself
as the manufacturer of the product;
(iii) as a seller exercises control over the design, construction or
quality of the product that causes damage;
(iv) assembles a product by incorporating into his product a component
or part manufactured by another manufacturer; and
(v) is a seller of a product of a foreign manufacturer and assumes or
administers warranty obligations of the product, or is affiliated
with the foreign manufacturer by way of par tial or complete
ownership or control; or modifies or prepares the product for sale
or distribution;
(i) “manufacturing a product” means producing, fabricating, constructing,
designing, remanufacturing, reconditioning or refurbishing a product;
(j) “product” has the same meaning as assigned to the word “goods” in the
Sale of Goods Act, 1930, and includes products which have been
subsequently incorporated into another product or an immovable but
does not include animals or plants or natural fruits and oth er raw
products, in their natural state, that are derived from animals or plants;
(k) “services” includes the provision of any kind of facilities or advice or
assistance such as provision of medical, legal or engineering services
but does not include–
(i) the rendering of any service under a contract of personal
service;
(ii) the rendering of non -professional services like astrology or
palmistry; or
(iii) a service, the essence of which is to deliver judgment by a court
of law or arbitrator;
(l) “reasonably anticipated alteration or modification” means a change in a
product that a product manufacturer should reasonably expect to be
made by an ordinary person in the same or similar circumstances and a
change arising from ordinary wear or tear, but does not include–
(i) changes to or in a product because the product does not receive
reasonable care and maintenance; or
(ii) alteration, modification or removal of an otherwise adequate
warning; or
(iii) the failure of the seller to provide an adequate warning to the
consumer where the same had been provided by the
manufacturer and he could do no more; and
(m) “reasonably anticipated use” means a use or handling of a product that the
product manufacturer should reasonably expect of an ordinary person in
the same or similar circumstances.
3. Act not in derogation of any other law.– The provisions of this Act shall be in
addition to and not in derogation of the provisions of any other law for the time being in
force.
PART II
LIABILITY ARISING FROM DEFECTIVE PRODUCTS
4. Liability for defective products.– (1) The manufacturer of a product shall be
liable to a consumer for damages proximately caused by a characteristic of the
product that renders the product defective when such damage arose from a
reasonably anticipated use of the product by a consumer.
(2) A product shall be defective only if–
(a) it is defective in construction or composition as provided in section 5;
(b) it is defective in design as provided in section 6;
(c) it is defective because an adequate warning has not been given as
provided in section 7; and
(d) it is defective because it does not conform to an express warranty of
the manufacturer as provided in section 8.
5. Defective in construction or composition.– A product shall be defective in
construction or composition if, at the time the product was manufactured, a material
deviation was made from the manufacturers’ own specifications, whether known to the
consumer or not.
6. Defective in design.– (1) A product shall be defective in design if , at the time
the product left its manufacturer’s control–
(a) there existed an alternative design for the product that was capable of
preventing the damage to a consumer; and
(b) the likelihood and gravity of damage outweighed the burden on the
manufacturer of adopting such alternative design and any adverse effect of
such alternative design on the utility of the product.
(2) When the manufacturer has used reasonable care to provide adequate
warning to the users or handlers of the product, it shall be c onsidered in evaluating
the likelihood of damage arising from the design of a product.
7. Defective because of inadequate warning.– (1) A product shall be defective if
an adequate warning about the product that it possessed a characteristic that could
cause damage, has not been provided at the time the product left its manufacturer’s
control or the manufacturer has failed to use reasonable care to provide an adequate
warning of such characteristic and its danger to users and handlers of the product:
Provided that a manufacturer shall not be required to provide an adequate
warning about his product when–
(a) the ordinary user or handler of the product could know, with the
ordinary knowledge common to the community, that the product has
dangerous characteristics which could cause damage; or
(b) the user or handler of the product already knows or should be
reasonably expected to know that the product has characteristics which
were dangerous and could cause damage.
(2) A manufacturer of a product who, after t he product has left his control,
acquires knowledge about the dangerous characteristics of the product that could
cause damage, or who would have acquired such knowledge had he acted as a
reasonably prudent manufacturer, shall be liable for damage caused b y his
subsequent failure to use reasonable care to provide an adequate warning of such
characteristic and its danger to users and handlers of the product.
8. Defective because of non -conformity to express warranty .– A product
shall be defective when it does not conform to an express warranty made at any time
by the manufacturer about the product if the express warranty has induced the
claimant to use the product and the claimant’s damage was proximately caused
because the express warranty was untrue.
9. Proof of manufacturer’s knowledge.– (1) Notwithstanding anything contained
in section 6, a manufacturer of a product shall not be liable for damage proximately
caused by a characteristic of product’s design if the manufacturer proves that at the time
the product left his control–
(a) he did not know and, in the light of the then existing and reasonably
available scientific and technological knowledge, could not have known
the design characteristic that caused the damage or the danger of such
characteristic; or
(b) he did not know and, in the light of the then existing and reasonably
available scientific and technological knowledge, could not have known
of the alternative design identified by the consumer under section 6 (1);
or
(c) the alternative design identified by the consumer under section 6 (1) was
not feasible in the light of the then existing and reasonably available
scientific and technological knowledge or then existing economic
practicality.
(2) Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer
of a product shall not be liable for damage if the manufacturer proves that, at the time
the product left his control, he did not know and, in the light of the then existing and
reasonably available scientific and technological knowledge, could not have known of
the characteristic that caused the damage or the danger of such characteristic.
10. Restriction on grant of damages .– Where the consumer has not suffered
any damage from the product except the loss of utility, the manufactur er shall not be
liable for any damages except a return of the consideration or a part thereof and the
costs.
11. Duty of disclosure .– (1) Where the nature of the product is such that the
disclosure of its component parts, ingredients, quality, or date of manufacture and
expiry is material to the decision of the consumer to enter into a contract for sale, the
manufacturer shall disclose the same.
(2) Notwithstanding anything contained in sub -section (1), the Government
may, by general or special order, require such disclosure in any particular case.
12. Prohibition on exclusions from liability.– The liability of a person by virtue of
this part to a consumer who has suffered damage shall not be limited or excluded by the
terms of any contract or by any notice.
PART III
LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES
13. Liability for faulty or defective services .– A provider of services shall be
liable to a consumer for damages proximately caused by the provision of services
that have caused damage.
14. Standard of provision of services .– (1). Where the standard of provision of
a service is regulated by a special law, provincial or federal, the standard of services
shall be deemed to be the standard laid down by such special law.
(2) Where the standard of a service has not been provided for in any law or
by the professional or trade body concerned, the standard shall be that which at the
time of the provision of the service, a consumer could reasonably expect to obtain at
that time in Pakistan.
15. Restriction on grant of damages .– Where the consumer has not suffered
any damages from the provision of service except lack of benefit, the service provider
shall not be liable for any damages except a return of the consideration or a part
thereof and the costs.
16. Duty of disclosure.– (1) Where the nature of the service is such that the
disclosure of the capabilities or qualifications of the provider of the service or the
quality of the products that he intends to use for provision of the service is mater ial to
the decision of the consumer to enter into a contract for provision of services, the
provider of services shall disclose the same.
(2) Notwithstanding anything contained in sub -section (1), the Government
may, by general or special order, require such disclosure in any case.
17. Prohibition on exclusions from liability.– The liability of a person by virtue of
this Part to a person who has suffered damage shall not be limited or excluded by the
terms of any contract or by any notice.
PART IV
OBLIGATIONS OF MANUFACTURERS
18. Prices to be exhibited at the business place .– Unless a price catalogue is
available for issue to customer, the manufacturer or trader shall display prominently in
his shop or display-centre a notice specifying the retail or wholesale price, as the case
may be, of every goods available for sale in that shop or display-centre.
19. Receipt to be issued to the purchaser .– Every manufacturer or trader who
sells any goods shall issue to the purchaser a receipt showing–
(a) the date of sale;
(b) description of goods sold;
(c) the quantity and price of the goods; and
(d) the name and address of the seller.
20. Return and refund policy .– Return and refund policy of a seller shall be
disclosed to the buyer clearly before the transactio n is completed by means of a sign
at the point of purchase.
PART V
UNFAIR PRACTICES
21. False, deceptive or misleading representation .– No person shall make a
false, deceptive or misleading representation that–
(a) the products are of a particular kind, s tandard, quality, grade, quantity,
composition, style or model;
(b) the products have particular history or particular previous use;
(c) the services are of a particular kind, standard or quality;
(d) the services are provided by a person having a requi site skill or
qualification or experience;
(e) the products were manufactured, produced, processed or reconditioned
at a particular time;
(f) the products or services have any sponsorship, approval, endorsement,
performance, characteristics, accessories, uses or benefits;
(g) the products are new or reconditioned or have been in use for a
particular period of time only;
(h) the seller or producer of products or provider of services has any
sponsorship, approval, endorsement or affiliation;
(i) the products or services are necessary for somebody’s well being;
(j) concerns the existence, exclusion or effect of any condition, guarantee,
right or remedy; and
(k) concerns the place of origin of products.
22. Prohibition on bait advertisement .– (1) No perso n shall, in trade, advertise
or supply at a specified price products or services which that person–
(a) does not intend to offer for supply; or
(b) does not have reasonable grounds for believing that they can be supplied
at that price for a period that i s, and in quantities that are, reasonable
having regard to the nature of the market in which the person carries on
business and the nature of the advertisement.
(2) Any person who has advertised products or services for supply at a
specified price shall offer such products or services for supply at that price for a period
that is, and in quantities that are reasonable having regard to the nature of the market in
which the person carries on business and the nature of the advertisement.
PART VI
THE POWERS OF THE AUTHORITY
23. Powers of Authority.–
4
[(1) The Deputy Commissioner of a concerned district
or any other officer, as may be notified in the official Gazette by the Government, on
its own motion or on a complaint filed to him, in writing, by any person, against the
violation of the provisions of sections 11, 16, 18 and 19 of the Act, may, after having
been satisfied and after affording an opportunity of being heard, impose a fine on the
violator which may extend to one hundred thousand rupees, but shall not be less
than one thousand rupees or equal to hundred percent value of the product or
service, whichever is lesser, which may be recoverable as arrears of land revenue.]
(2) The Authority may file a claim for declaring a product defective under
sections 4, 5, 6, 7 or 8 or a service as faulty or defective under section 13 without
proof of any damage actually suffered by a consumer but likely to be suffered
keeping in view the general standard of that service.
(3) The Authority may file a claim before th e Consumer Court for declaring
any act on the part of any person as being in contravention to Part IV of this Act
without proof of any damage actually suffered but likely to be suffered due to the said
contravention.
(4) The Authority on receipt of a complaint or a reference from the Consumer
Protection Council or on his own motion, may hold an inquiry as to defects in products or
services or practices which contravene any of the provisions of this Act. No prior notice
shall be required to be given to a manufacturer or provider of services for the purposes of
holding an inquiry.
4Substituted by the Punjab Consumer Protection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te
(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 3.
(5) The Authority, while holding an inquiry, may direct the police or any other
officer or authority of the Government to gather such evidence as it deems necessary or
to perform function in accordance with law which have an impact on the inquiry.
(6) The Authority may delegate his powers under this Act through a
notification to any officer of the Government with its prior approval.
(7) Any person aggrieved by the order passed under sub-section (1) may file
an appeal before the Government within thirty days of such order.
5
[23-A. Powers of Government .– (1) The Government may, by general or special
order and subject to such conditions as may be prescribed, exercise all or any of the
powers conferred upon the Authority under this Act except the power of imposition of
fine under section 23(1).
(2) The Government may, from time to time, issue directions to the Authority
with regard to the performance of the functions of the Authority under this Act.
(3) The Government may, at any stage, modify or set aside any order or
action of the Authority subject to such condition or conditions as it may deem fit.]
PART VII
CONSUMER PROTECTION COUNCIL
24. Consumer Protection Council .– (1) The Gove rnment shall set up a
Consumer Protection Council in the Province.
(2) The Government may set up Consumer Protection Councils in one or
more districts which shall report to the Provincial Consumer Protection Council.
(3) The Consumer Protection Councils shall have such other functions as
may be assigned to them by the Government by notification in the official Gazette.
(4) The Provincial Consumer Protection Council shall gather such
information and data as may be necessary in order to remove unreasonably
dangerous products and faulty and defective services from trade or commerce.
(5) Each Consumer Protection Council shall have an adequate
representation of consumers and associations of trade, industry and services, as the
case may be, duly registered under the law for the time being in force; provided that the
representation of consumers on the Council, other than any ex-officio members, shall
not be less than fifty per cent of its total membership.
PART VIII
DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS
25. Filing of Claims .– A claim for damages arising out of contravention of any
provisions of this Act shall be filed before a Consumer Court set up under this Act.
5Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006) , published in the Punjab Gazet te
(Extraordinary), dated: 17 October 2006, pp. 1383-1384, s. 3.
6
[26. Consumer Courts .– (1) The Lahore High Court shall, by notification,
designate a District Judge or an Additional District Judge in each district, having
specific area of jurisdiction, as Consumer Court to try cases under the Act:
Provided that the Lahore High Court may notify one or more such Courts in
a district and in case of m ore than one Consumer Courts in a district, the senior
judge of such Courts shall act as the administrative judge of the Consumer Courts
in that district.
(2) All cases pending in the defunct Consumer Courts before the
commencement of the Punjab Consumer Protection (Amendment) Act 2025 shall
stand transferred to the Consumer Courts of respective specific areas, designated
under sub-section (1), which may continue the proceedings from the point where
it were left or may take additional evidence if so requir ed.
(3) All employees of the defunct Consumer Courts shall stand
transferred to their parent Department. ]
27. Jurisdiction of Consumer Courts .– Subject to the provisions of this Act, the
Consumer Court shall have jurisdiction to entertain complaints withi n the local limits
of whose jurisdiction–
(a) the defendant or each of the defendants, where there are more than one,
at the time of filing of the claim, actually and voluntarily resides or carries
on business or personally works for gain; or
(b) any of the defendants where there are more than one, at the time of the
filing of the claim, actually and voluntarily resides, or carries on
business, or personally works for gain; provided that in such a case the
permission is granted by the Consumer Court or the defendants who do
not reside, or carry on business, or personally work for gain, as the
case may be, acquiesce in such institution; or
(c) the cause of action wholly or in part arises.
28. Settlement of Claims .– (1) A consumer who has suffered damage, or
Authority in other cases, shall, by written notice, call upon a manufacturer or provider
of services that a product or service is defective or faulty, or the conduct of the
manufacturer or service provider is in contravention of the provisions of this Act and
he should remedy the defects or give damages where the consumer has suffered
damage, or cease to contravene the provisions of this Act.
(2) The manufacturer or service provider shall, within fifteen days of the
receipt of the notice, reply thereto.
(3) No claim shall be entertained by a Consumer Court unless the
consumer or the Authority has given notice under sub -section (1) and provides proof
that the notice was duly delivered but the manufacturer or service provider has not
responded thereto.
6Substituted by the Punjab Consumer Pr otection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te
(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 4.
(4) A claim by the consumer or the Authority shall be filed within thirty days
of the arising of the cause of action:
Provided that the Consumer Court, having jurisdiction to hear the claim, may
allow a claim to be filed after thirty days within such time as it may allow if it is satisfied
that there was sufficient cause for not filing the complaint within the specified period:
Provided further that such extension shall not be allowed beyond a period of
sixty days from the expiry of the warranty or guarantee p eriod specified by the
manufacturer or service provider and if no period is specified one year from the date
of purchase of the products or providing of services.
29. Settlement at pretrial stage.– Any party to the dispute may, at the pretrial stage,
make a firm written offer of settlement stating the amount offered for settlement and if
the offer is accepted by the opposing party, the Consumer Court shall pass an order in
terms of the settlement:
Provided that notwithstanding anything contained in any oth er law for the time
being in force, the party refusing the offer of settlement shall pay actual costs of
litigation, including lawyer’s fees, in case the final order of the Consumer Court is
passed against that party:
Provided further that the court’s appr oval regarding settlement shall be
required in the following matters–
(i) claims of a minor;
(ii) claims of a legally incapacitated person; and
(iii) claims involving collective rights.
30. Procedure on receipt of complaint .– (1) The Consumer Court sha ll, on
receipt of a claim if it relates to any products,–
(a) forward a copy of the claim to the defendant mentioned in the claim
directing him to file his written statement within a period of fifteen days or
such extended period not exceeding fifteen days;
(b) where the defendant, on receipt of claim referred to him under clause (a),
denies or disputes the allegations contained in the claim, or omits or fails
to present his case within the time specified, as the case may be, the
Consumer Court shall proc eed to settle the consumer dispute in the
manner specified hereafter;
(c) where the claim alleges that products are defective and do not conform
to the accepted industry standards, the Consumer Court may decide
the dispute on the basis of the evidence rel ating to the accepted
industry standards and by inviting expert evidence in this regard;
(d) where the dispute cannot be determined without proper analysis or test
of products, the Consumer Court shall obtain sample of the products
from the complainant, s eal it and authenticate it in the manner
prescribed and refer the sample to a laboratory along with a direction to
make analysis or test, whichever may be necessary, with a view to
finding out if such products suffer from any defect and to report its
findings to the Consumer Court within a period of thirty days of the
receipt of the reference or within such period as may be extended, not
exceeding fifteen days by the Consumer Court; and
(e) the Consumer Court may require the claimant to deposit to the credit of the
Consumer Court such fees as may be specified, for payment to the
laboratory for carrying out the necessary analysis or test and the fee so
deposited by the claimant shall be payable by the defendant if the test or
analysis support the version of the claimant.
(2) The Consumer Court shall, if the claim relates to any services,–
(a) forward a copy of such claim to the defendant directing him to file his
written statement within a period of fifteen days or such extended
period not exceeding fiftee n days as may be granted by the Consumer
Court; and
(b) on receipt of the written statement of the defendant, if any, under
clause (a), proceed to settle the dispute on the basis of evidence
produced by both the parties:
Provided that if the defendant doe s not deny or dispute the allegations made
in the complaint or fails to present his case within the specified period, the dispute
shall be settled on the basis of the evidence brought by the claimant.
(3) For the purposes of this section, the Consumer Cou rt shall have the
same powers as are vested in civil court under the Code of Civil Procedure, 1908
(Act XX of 1908), while trying a suit, in respect of the following matters, namely:–
(a) the summoning and enforcing attendance of any defendant or witness
and examining him on oath;
(b) the discovery and production of any document or other material object
which may be produced as evidence;
(c) the receiving of evidence on affidavits;
(d) issuing of any commission for the examination of any witness; and
(e) any other matter which may be prescribed.
(4) Every proceeding before the Consumer Court shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal
Code 1860 (Act XLV of 1860), and section 195 and Chapte r XXXV of the Code of
Criminal Procedure, 1898 (Act V of 1898):
Provided that the personal presence of the claimant before the Consumer
Court shall not be required till the defendant has put up appearance before it.
(5) The Consumer Court shall decide the claim within six months after the
service of summons on the respondent.
31. Order of Consumer Court.– If, after the proceedings conducted under this Act,
the Consumer Court is satisfied that the products complained against suffer from any of
the defects specified in the claim or that any or all of the allegations contained in the
claim about the services provided are true, it shall issue an order to the defendant
directing him to take one or more of the following actions, namely:–
(a) to remove defect from the products in question;
(b) to replace the products with new products of similar description which
shall be free from any defect;
(c) to return to the claimant the price or, as the case may be, the charges
paid by the claimant;
(d) to do such other things as may be necessary for adequate and proper
compliance with the requirements of this Act;
(e) to pay reasonable compensation to the consumer for any loss suffered
by him due to the negligence of the defendant;
(f) to award damages where appropriate;
(g) to award actual costs including lawyers’ fees incurred on the legal
proceedings;
(h) to recall the product from trade or commerce;
(i) to confiscate or destroy the defective product;
(j) to remedy the defect in such period as may be deemed fit; or
(k) to cease to provide the defective or faulty service until it achieves the
required standard.
32. Penalties.– (1) Where a manufacturer fails to perform or in any way infringes the
liabilities provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with
imprisonment which may extend to two years or with fine which may extend to hundred
thousand rupees or with both in addition to damages or compensation as may be
determined by the court.
(2) Where a defendant or the claimant fails or omits to comply with any order
made by the Consumer Court, such defendant or the claimant shall be punishable with
imprisonment for a term not less than one month which may extend to three years, or
with fine not less than five thousand rupees which may extend to twenty thousand
rupees or with both.
33. Appeal.– Any person aggrieved by any final order of the Consumer Court may
file an appeal in the Lahore High Court within 30 days of such order.
34. Finality of Order.– Every order of the Consumer Court, if no appeal has been
preferred against such order under the provisions of this Act, shall become final.
35. Dismissal of frivolous or vexatious claims .– 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.
PART IX
MISCELLANEOUS
36. Aid to the Consumer Court.– All agencies of the Government shall act in aid
of the Consumer Court in the performance of its functions under this Act.
37. Immunity.– No suit, prosecution or other legal proceedings shall lie against any
functionary under this Act, acting under the direction of the Consumer Council or the
Government for anything which is in good faith done or intended to be done under this
Act.
38. Power to make rules .– The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
39. Power to remove difficulties.– If any difficulty arises in giving effect to any of
the provisions of this Act, the Government may make such order, not inconsistent
with the provisions of this Act, as may appear to it t o be necessary or expedient for
removing such difficulty.This law in the library
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Section 5
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easonably anticipated use of the product by a consumer. (2) A product shall be defective only if– (a) it is defective in construction or composition as provided in section 5; (b) it is defective in design as provided in section 6; (c) it is defective because an adequate warning has not been given as provided in section 7; and (d) it is defective because it does not conform to an express wa
Section 6
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(2) A product shall be defective only if– (a) it is defective in construction or composition as provided in section 5; (b) it is defective in design as provided in section 6; (c) it is defective because an adequate warning has not been given as provided in section 7; and (d) it is defective because it does not conform to an express warranty of the manufacturer as provided in section 8. 5
Section 7
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provided in section 5; (b) it is defective in design as provided in section 6; (c) it is defective because an adequate warning has not been given as provided in section 7; and (d) it is defective because it does not conform to an express warranty of the manufacturer as provided in section 8. 5. Defective in construction or composition.– A product shall be defective in construction or com
Section 8
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warning has not been given as provided in section 7; and (d) it is defective because it does not conform to an express warranty of the manufacturer as provided in section 8. 5. Defective in construction or composition.– A product shall be defective in construction or composition if, at the time the product was manufactured, a material deviation was made from the manufacturers’ own specificati
Section 6
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claimant’s damage was proximately caused because the express warranty was untrue. 9. Proof of manufacturer’s knowledge.– (1) Notwithstanding anything contained in section 6, a manufacturer of a product shall not be liable for damage proximately caused by a characteristic of product’s design if the manufacturer proves that at the time the product left his control– (a) he did not know and, in th
Section 6(1)
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of the then existing and reasonably available scientific and technological knowledge, could not have known of the alternative design identified by the consumer under section 6 (1); or (c) the alternative design identified by the consumer under section 6 (1) was not feasible in the light of the then existing and reasonably available scientific and technological knowledge or then existing economi
Section 6(1)
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, could not have known of the alternative design identified by the consumer under section 6 (1); or (c) the alternative design identified by the consumer under section 6 (1) was not feasible in the light of the then existing and reasonably available scientific and technological knowledge or then existing economic practicality. (2) Notwithstanding anything contained in section 7(1) or 7(2), a
Section 7(1)
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he then existing and reasonably available scientific and technological knowledge or then existing economic practicality. (2) Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer of a product shall not be liable for damage if the manufacturer proves that, at the time the product left his control, he did not know and, in the light of the then existing and reasonably available
Section 13
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ears of land revenue.] (2) The Authority may file a claim for declaring a product defective under sections 4, 5, 6, 7 or 8 or a service as faulty or defective under section 13 without proof of any damage actually suffered by a consumer but likely to be suffered keeping in view the general standard of that service. (3) The Authority may file a claim before th e Consumer Court for declaring any
Section 23(1)
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to such conditions as may be prescribed, exercise all or any of the powers conferred upon the Authority under this Act except the power of imposition of fine under section 23(1). (2) The Government may, from time to time, issue directions to the Authority with regard to the performance of the functions of the Authority under this Act. (3) The Government may, at any stage, modify or set aside any
Section 195
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fore the Consumer Court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code 1860 (Act XLV of 1860), and section 195 and Chapte r XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898): Provided that the personal presence of the claimant before the Consumer Court shall not be required till the defendant has put up appearance before
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Comparison evidence
- Stored text SHA-256
- db0be254d63acee60a932e7e3e6ec72a6cd76f7a5e83e461c66cdfd296ad72d7
- Original source SHA-256
- 9d3e3497293480addb85acefb767583e286ee81fdf022286200bd2bd6040fc01
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- Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.
Source, version and text details
- Recorded title
- PUNJAB CONSUMER PROTECTION ACT 2005
- Source collection
- Punjab — this does not establish territorial applicability.
- Recorded version
- Not supplied in this record
- Source snapshot
- 2026-08-06T16:53:00Z
- Legal status
- not independently verified
- Text quality
- Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
- Recorded quality flags
- No additional flags recorded
- Stable record
- punjab-code-cfd0e40376f20d2c
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- Legal completeness not independently established
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- Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
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- zero-based Unicode code points and UTF8 bytes; end exclusive
- Stored text SHA-256
- db0be254d63acee60a932e7e3e6ec72a6cd76f7a5e83e461c66cdfd296ad72d7