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  "title": "PUNJAB CONSUMER PROTECTION ACT 2005",
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  "text": "THE PUNJAB CONSUMER PROTECTION ACT 2005 \r\n(II of 2005) \r\nCONTENTS \r\nPART I \r\nPRELIMINARY \r\n1. Short title, and commencement \r\n2. Definitions \r\n3. Act not in derogation of any other law \r\nPART II \r\nLIABILITY ARISING FROM DEFECTIVE PRODUCTS \r\n4. Liability for defective products \r\n5. Defective in construction or composition \r\n6. Defective in design \r\n7. Defective because of inadequate warning \r\n8. Defective because of non-conformity to express warranty \r\n9. Proof of manufacturer’s knowledge \r\n10. Restriction on grant of damages \r\n11. Duty of disclosure \r\n12. Prohibition on exclusions from liability \r\nPART III \r\nLIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES \r\n13. Liability for faulty or defective services \r\n14. Standard of provision of services \r\n15. Restriction on grant of damages \r\n16. Duty of disclosure \r\n17. Prohibition on exclusions from liability \r\nPART IV \r\nOBLIGATIONS OF MANUFACTURERS \r\n \r\n18. Prices to be exhibited at the business place \r\n19. Receipt to be issued to the purchaser \r\n20. Return and refund policy \r\nPART V \r\nUNFAIR PRACTICES \r\n21. False, deceptive or misleading representation \r\n22. Prohibition on bait advertisement \r\nPART VI \r\nTHE POWERS OF THE AUTHORITY \r\n23. Powers of Authority \r\n23-A. Powers of Government \r\nPART VII \r\nCONSUMER PROTECTION COUNCIL \r\n24. Consumer Protection Council \r\nPART VIII  \r\nDISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS \r\n25. Filing of Claims \r\n26. Consumer Courts \r\n27. Jurisdiction of Consumer Courts \r\n28. Settlement of Claims \r\n29. Settlement at pretrial stage \r\n30. Procedure on receipt of complaint \r\n31. Order of Consumer Court \r\n32. Penalties \r\n33. Appeal \r\n34. Finality of Order \r\n35. Dismissal of frivolous or vexatious claims \r\nPART IX \r\nMISCELLANEOUS \r\n \r\n36. Aid to the Consumer Court \r\n37. Immunity \r\n38. Power to make rules \r\n39. Power to remove difficulties \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB CONSUMER PROTECTION ACT 2005 \r\n(II of 2005) \r\n[25th January, 2005] \r\nAn \r\nAct \r\nto provide for protection and promotion of the rights and interests of the consumers. \r\nPreamble.– Whereas, it is expedient to provide for protection a nd promotion of the \r\nrights and interests of the consumers, speedy redress of consumer complaints and for \r\nmatters connected therewith; \r\nIt is hereby enacted as follows:– \r\nPART I \r\nPRELIMINARY \r\n1.  Short title, extent and commencement .– (1) This Act may be called  the \r\nPunjab Consumer Protection Act 2005. \r\n(2)  It shall extend to the whole of the Province of the Punjab. \r\n(3)  It shall come into force at once. \r\n2.  Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “Act” means the Punjab Consumer Protection Act 2005; \r\n2\r\n[(b)  “Authority” means the officer as provided in sub -section (1) of section \r\n23 of the Act;] \r\n(c) “consumer” means a person or entity who– \r\n(i)  buys or obtains on lease any product for a consideration and \r\nincludes any user of such product but does not include a person \r\nwho obtains any product for resale or for any commercial \r\npurpose; or \r\n(ii)  hires any services for a consideration and includes any \r\nbeneficiary of such services; \r\n3\r\n[Explanation: for the purposes of sub-clauses (i) and (ii): \r\n(a) the expression “buys or obtains on lease any product” and \r\n“hires any services” includes offline or online transactions \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 13 January 2005; assented to by the Governor of the Punjab on 19 January \r\n2005; and, was published in the Punjab Gazette (Extraordinary), dated: 25 January 2005, pp. 2565 to 2573. \r\n2Substituted by the Punjab Consumer Protection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te \r\n(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(i). \r\n3Substituted by the Punjab Consumer Protection (Ame ndment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te \r\n(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 2(ii). \r\n \r\nthrough electronic means or teleshopping or direct selling or \r\nmulti-level marketing; and \r\n(b) the expression “commercial purpose” does not include use by \r\na consumer of products bought and used by him only for the \r\npurpose of his livelihood as a self-employed person.] \r\n \r\n(d) “damage” means all damage caused by a product or service including \r\ndamage to the product itself and economic loss arising from a deficiency \r\nin or loss of use of the product or service; \r\n(e) “entity” means an organization that has a legal identity apart from its \r\nmembers; \r\n(f)  “Government” means the Government of the Punjab; \r\n(g)  “laboratory” means a laboratory established or recognized by the \r\nProvincial Consumer Protection Council and includes any such laboratory \r\nor organization established by or under any law for the time being in force, \r\nwhich is maintained, financed, aided or recognized by the Government for \r\ncarrying out analysis or test of any goods with a view to determining \r\nwhether such goods suffer from any defect; \r\n(h)  “manufacturer” includes a person or entity who– \r\n(i) is in the business of manufacturing a product for purposes of \r\ntrade or commerce; \r\n(ii) labels a product as his own or who otherwise presents himself \r\nas the manufacturer of the product; \r\n(iii)  as a seller exercises control over the design, construction or \r\nquality of the product that causes damage; \r\n(iv)  assembles a product by incorporating into his product a component \r\nor part manufactured by another manufacturer; and \r\n(v)  is a seller of a product of a foreign manufacturer and assumes or \r\nadministers warranty obligations of the product, or is affiliated \r\nwith the foreign manufacturer by way of par tial or complete \r\nownership or control; or modifies or prepares the product for sale \r\nor distribution; \r\n(i)  “manufacturing a product” means producing, fabricating, constructing, \r\ndesigning, remanufacturing, reconditioning or refurbishing a product;  \r\n(j)  “product” has the same meaning as assigned to the word “goods” in the \r\nSale of Goods Act, 1930, and includes products which have been \r\nsubsequently incorporated into another product or an immovable but \r\ndoes not include animals or plants or natural fruits and oth er raw \r\nproducts, in their natural state, that are derived from animals or plants;  \r\n(k)  “services” includes the provision of any kind of facilities or advice or \r\nassistance such as provision of medical, legal or engineering services \r\nbut does not include– \r\n(i) the rendering of any service under a contract of personal \r\nservice; \r\n \r\n(ii) the rendering of non -professional services like astrology or \r\npalmistry; or \r\n(iii) a service, the essence of which is to deliver judgment by a court \r\nof law or arbitrator; \r\n(l)  “reasonably anticipated alteration or modification” means a change in a \r\nproduct that a product manufacturer should reasonably expect to be \r\nmade by an ordinary person in the same or similar circumstances and a \r\nchange arising from ordinary wear or tear, but does not include– \r\n(i)  changes to or in a product because the product does not receive \r\nreasonable care and maintenance; or \r\n(ii)  alteration, modification or removal of an otherwise adequate \r\nwarning; or \r\n(iii) the failure of the seller to provide an adequate warning  to the \r\nconsumer where the same had been provided by the \r\nmanufacturer and he could do no more; and \r\n(m)  “reasonably anticipated use” means a use or handling of a product that the \r\nproduct manufacturer should reasonably expect of an ordinary person in \r\nthe same or similar circumstances. \r\n3.  Act not in derogation of any other law.– The provisions of this Act shall be in \r\naddition to and not in derogation of the provisions of any other law for the time being in \r\nforce. \r\nPART II \r\nLIABILITY ARISING FROM DEFECTIVE PRODUCTS \r\n4. Liability for defective products.– (1) The manufacturer of a product shall be \r\nliable to a consumer for damages proximately caused by a characteristic of the \r\nproduct that renders the product defective when such damage arose from a \r\nreasonably anticipated use of the product by a consumer. \r\n(2)  A product shall be defective only if– \r\n(a)  it is defective in construction or composition as provided in section 5; \r\n(b) it is defective in design as provided in section 6; \r\n(c)  it is defective because an adequate  warning has not been given as \r\nprovided in section 7; and \r\n(d)  it is defective because it does not conform to an express warranty of \r\nthe manufacturer as provided in section 8. \r\n5.  Defective in construction or composition.– A product shall be defective in \r\nconstruction or composition if, at the time the product was manufactured, a material \r\ndeviation was made from the manufacturers’ own specifications, whether known to the \r\nconsumer or not. \r\n6.  Defective in design.– (1) A product shall be defective in design if , at the time \r\nthe product left its manufacturer’s control– \r\n \r\n(a)  there existed an alternative design for the product that was capable of \r\npreventing the damage to a consumer; and \r\n(b)  the likelihood and gravity of damage outweighed the burden on the \r\nmanufacturer of adopting such alternative design and any adverse effect of \r\nsuch alternative design on the utility of the product. \r\n(2)  When the manufacturer has used reasonable care to provide adequate \r\nwarning to the users or handlers of the product, it shall be c onsidered in evaluating \r\nthe likelihood of damage arising from the design of a product. \r\n7.  Defective because of inadequate warning.– (1) A product shall be defective if \r\nan adequate warning about the product that it possessed a characteristic that could \r\ncause damage, has not been provided at the time the product left its manufacturer’s \r\ncontrol or the manufacturer has failed to use reasonable care to provide an adequate \r\nwarning of such characteristic and its danger to users and handlers of the product: \r\nProvided that a manufacturer shall not be required to provide an adequate \r\nwarning about his product when– \r\n(a)  the ordinary user or handler of the product could know, with the \r\nordinary knowledge common to the community, that the product has \r\ndangerous characteristics which could cause damage; or \r\n(b)  the user or handler of the product already knows or should be \r\nreasonably expected to know that the product has characteristics which \r\nwere dangerous and could cause damage. \r\n(2)  A manufacturer of a product who, after t he product has left his control, \r\nacquires knowledge about the dangerous characteristics of the product that could \r\ncause damage, or who would have acquired such knowledge had he acted as a \r\nreasonably prudent manufacturer, shall be liable for damage caused b y his \r\nsubsequent failure to use reasonable care to provide an adequate warning of such \r\ncharacteristic and its danger to users and handlers of the product. \r\n8.  Defective because of non -conformity to express warranty .– A product \r\nshall be defective when it does not conform to an express warranty made at any time \r\nby the manufacturer about the product if the express warranty has induced the \r\nclaimant to use the product and the claimant’s damage was proximately caused \r\nbecause the express warranty was untrue. \r\n9.  Proof of manufacturer’s knowledge.– (1) Notwithstanding anything contained \r\nin section 6, a manufacturer of a product shall not be liable for damage proximately \r\ncaused by a characteristic of product’s design if the manufacturer proves that at the time \r\nthe product left his control– \r\n(a) he did not know and, in the light of the then existing and reasonably \r\navailable scientific and technological knowledge, could not have known \r\nthe design characteristic that caused the damage or the danger of such \r\ncharacteristic; or \r\n(b)  he did not know and, in the light of the then existing and reasonably \r\navailable scientific and technological knowledge, could not have known \r\nof the alternative design identified by the consumer under section 6 (1); \r\nor \r\n \r\n(c)  the alternative design identified by the consumer under section 6 (1) was \r\nnot feasible in the light of the then existing and reasonably available \r\nscientific and technological knowledge or then existing economic \r\npracticality. \r\n(2)  Notwithstanding anything contained in section 7(1) or 7(2), a manufacturer \r\nof a product shall not be liable for damage if the manufacturer proves that, at the time \r\nthe product left his control, he did not know and, in the light of the then existing and \r\nreasonably available scientific and technological knowledge, could not have known of \r\nthe characteristic that caused the damage or the danger of such characteristic. \r\n10.  Restriction on grant of damages .– Where the consumer has not suffered \r\nany damage from the product except the loss of utility, the manufactur er shall not be \r\nliable for any damages except a return of the consideration or a part thereof and the \r\ncosts. \r\n11.  Duty of disclosure .– (1) Where the nature of the product is such that the \r\ndisclosure of its component parts, ingredients, quality, or date of manufacture and \r\nexpiry is material to the decision of the consumer to enter into a contract for sale, the \r\nmanufacturer shall disclose the same. \r\n(2)  Notwithstanding anything contained in sub -section (1), the Government \r\nmay, by general or special order, require such disclosure in any particular case. \r\n12.  Prohibition on exclusions from liability.– The liability of a person by virtue of \r\nthis part to a consumer who has suffered damage shall not be limited or excluded by the \r\nterms of any contract or by any notice. \r\nPART III \r\nLIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES \r\n13.  Liability for faulty or defective services .– A provider of services shall be \r\nliable to a consumer for damages proximately caused by the provision of services \r\nthat have caused damage. \r\n14.  Standard of provision of services .– (1). Where the standard of provision of \r\na service is regulated by a special law, provincial or federal, the standard of services \r\nshall be deemed to be the standard laid down by such special law. \r\n(2)  Where the standard of a service has not been provided for in any law or \r\nby the professional or trade body concerned, the standard shall be that which at the \r\ntime of the provision of the service, a consumer could reasonably expect to obtain at \r\nthat time in Pakistan. \r\n15. Restriction on grant of damages .– Where the consumer has not suffered \r\nany damages from the provision of service except lack of benefit, the service provider \r\nshall not be liable for any damages except a return of the consideration or a part \r\nthereof and the costs. \r\n16.  Duty of disclosure.– (1) Where the nature of the service is such that the \r\ndisclosure of the capabilities or qualifications of the provider of the service or the \r\nquality of the products that he intends to use for provision of the service is mater ial to \r\n \r\nthe decision of the consumer to enter into a contract for provision of services, the \r\nprovider of services shall disclose the same. \r\n(2)  Notwithstanding anything contained in sub -section (1), the Government \r\nmay, by general or special order, require such disclosure in any case. \r\n17.  Prohibition on exclusions from liability.– The liability of a person by virtue of \r\nthis Part to a person who has suffered damage shall not be limited or excluded by the \r\nterms of any contract or by any notice. \r\nPART IV \r\nOBLIGATIONS OF MANUFACTURERS \r\n18.  Prices to be exhibited at the business place .– Unless a price catalogue is \r\navailable for issue to customer, the manufacturer or trader shall display prominently in \r\nhis shop or display-centre a notice specifying the retail or wholesale price, as the case \r\nmay be, of every goods available for sale in that shop or display-centre. \r\n19.  Receipt to be issued to the purchaser .– Every manufacturer or trader who \r\nsells any goods shall issue to the purchaser a receipt showing– \r\n(a) the date of sale; \r\n(b)  description of goods sold; \r\n(c)  the quantity and price of the goods; and \r\n(d)  the name and address of the seller. \r\n20.  Return and refund policy .– Return and refund policy of a seller shall be \r\ndisclosed to the buyer clearly before the transactio n is completed by means of a sign \r\nat the point of purchase. \r\nPART V \r\nUNFAIR PRACTICES \r\n21.  False, deceptive or misleading representation .– No person shall make a \r\nfalse, deceptive or misleading representation that– \r\n(a) the products are of a particular kind, s tandard, quality, grade, quantity, \r\ncomposition, style or model; \r\n(b)  the products have particular history or particular previous use; \r\n(c)  the services are of a particular kind, standard or quality; \r\n(d)  the services are provided by a person having a requi site skill or \r\nqualification or experience; \r\n(e)  the products were manufactured, produced, processed or reconditioned \r\nat a particular time; \r\n(f)  the products or services have any sponsorship, approval, endorsement, \r\nperformance, characteristics, accessories, uses or benefits; \r\n(g)  the products are new or reconditioned or have been in use for a \r\nparticular period of time only; \r\n \r\n(h)  the seller or producer of products or provider of services has any \r\nsponsorship, approval, endorsement or affiliation; \r\n(i) the products or services are necessary for somebody’s well being; \r\n(j)  concerns the existence, exclusion or effect of any condition, guarantee, \r\nright or remedy; and \r\n(k)  concerns the place of origin of products. \r\n22.  Prohibition on bait advertisement .– (1) No perso n shall, in trade, advertise \r\nor supply at a specified price products or services which that person– \r\n(a)  does not intend to offer for supply; or \r\n(b)  does not have reasonable grounds for believing that they can be supplied \r\nat that price for a period that i s, and in quantities that are, reasonable \r\nhaving regard to the nature of the market in which the person carries on \r\nbusiness and the nature of the advertisement. \r\n(2)  Any person who has advertised products or services for supply at a \r\nspecified price shall offer such products or services for supply at that price for a period \r\nthat is, and in quantities that are reasonable having regard to the nature of the market in \r\nwhich the person carries on business and the nature of the advertisement. \r\nPART VI \r\nTHE POWERS OF THE AUTHORITY \r\n23.  Powers of Authority.– \r\n4\r\n[(1) The Deputy Commissioner of a concerned district \r\nor any other officer, as may be notified in the official Gazette by the Government, on \r\nits own motion or on a complaint filed to him, in writing, by any person,  against the \r\nviolation of the provisions of sections 11, 16, 18 and 19 of the Act, may, after having \r\nbeen satisfied and after affording an opportunity of being heard, impose a fine on the \r\nviolator which may extend to one hundred thousand rupees, but shall not be less \r\nthan one thousand rupees or equal to hundred percent value of the product or \r\nservice, whichever is lesser, which may be recoverable as arrears of land revenue.] \r\n(2)  The Authority may file a claim for declaring a product defective under \r\nsections 4, 5, 6, 7 or 8 or a service as faulty or defective under section 13 without \r\nproof of any damage actually suffered by a consumer but likely to be suffered \r\nkeeping in view the general standard of that service. \r\n(3)  The Authority may file a claim before th e Consumer Court for declaring \r\nany act on the part of any person as being in contravention to Part IV of this Act \r\nwithout proof of any damage actually suffered but likely to be suffered due to the said \r\ncontravention. \r\n(4)  The Authority on receipt of a complaint or a reference from the Consumer \r\nProtection Council or on his own motion, may hold an inquiry as to defects in products or \r\nservices or practices which contravene any of the provisions of this Act. No prior notice \r\nshall be required to be given to a manufacturer or provider of services for the purposes of \r\nholding an inquiry. \r\n                                                 \r\n4Substituted by the Punjab Consumer Protection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te \r\n(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 3. \r\n \r\n(5)  The Authority, while holding an inquiry, may direct the police or any other \r\nofficer or authority of the Government to gather such evidence as it deems necessary or \r\nto perform function in accordance with law which have an impact on the inquiry. \r\n(6)  The Authority may delegate his powers under this Act through a \r\nnotification to any officer of the Government with its prior approval. \r\n(7)  Any person aggrieved by the order passed under sub-section (1) may file \r\nan appeal before the Government within thirty days of such order. \r\n5\r\n[23-A. Powers of Government .– (1) The Government may, by general or special \r\norder and subject to such conditions as may be prescribed, exercise all or any of the  \r\npowers conferred upon the Authority under this Act except the power of imposition of \r\nfine under section 23(1). \r\n(2)  The Government may, from time to time, issue directions to the Authority \r\nwith regard to the performance of the functions of the Authority under this Act. \r\n(3)  The Government may, at any stage, modify or set aside any order or \r\naction of the Authority subject to such condition or conditions as it may deem fit.] \r\nPART VII \r\nCONSUMER PROTECTION COUNCIL \r\n24.  Consumer Protection Council .– (1) The Gove rnment shall set up a \r\nConsumer Protection Council in the Province. \r\n(2)  The Government may set up Consumer Protection Councils in one or \r\nmore districts which shall report to the Provincial Consumer Protection Council. \r\n(3)  The Consumer Protection Councils shall have such other functions as \r\nmay be assigned to them by the Government by notification in the official Gazette. \r\n(4)  The Provincial Consumer Protection Council shall gather such \r\ninformation and data as may be necessary in order to remove unreasonably  \r\ndangerous products and faulty and defective services from trade or commerce. \r\n(5)  Each Consumer Protection Council shall have an adequate \r\nrepresentation of consumers and associations of trade, industry and services, as the \r\ncase may be, duly registered under the law for the time being in force; provided that the \r\nrepresentation of consumers on the Council, other than any ex-officio members, shall \r\nnot be less than fifty per cent of its total membership. \r\nPART VIII \r\nDISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS \r\n25.  Filing of Claims .– A claim for damages arising out of contravention of any \r\nprovisions of this Act shall be filed before a Consumer Court set up under this Act. \r\n                                                 \r\n5Inserted by the Punjab Consumer Protection (Amendment) Act 2006 (XI of 2006) , published in the Punjab Gazet te \r\n(Extraordinary), dated: 17 October 2006, pp. 1383-1384, s. 3. \r\n \r\n6\r\n[26. Consumer Courts .– (1) The Lahore High Court shall, by notification, \r\ndesignate a District Judge or an Additional District Judge in each district, having \r\nspecific area of jurisdiction, as Consumer Court to try cases under the Act: \r\nProvided that the Lahore High Court may notify one or more such Courts in \r\na district and in case of m ore than one Consumer Courts in a district, the senior \r\njudge of such Courts shall act as the administrative judge of the Consumer Courts \r\nin that district. \r\n \r\n(2) All cases pending in the defunct Consumer Courts before the \r\ncommencement of the Punjab Consumer Protection (Amendment) Act 2025 shall \r\nstand transferred to the Consumer Courts of respective specific areas, designated \r\nunder sub-section (1), which may continue the proceedings from the point where \r\nit were left or may take additional evidence if so requir ed. \r\n(3) All employees of the defunct Consumer Courts shall stand \r\ntransferred to their parent Department. ] \r\n27.  Jurisdiction of Consumer Courts .– Subject to the provisions of this Act, the \r\nConsumer Court shall have jurisdiction to entertain complaints withi n the local limits \r\nof whose jurisdiction– \r\n(a) the defendant or each of the defendants, where there are more than one, \r\nat the time of filing of the claim, actually and voluntarily resides or carries \r\non business or personally works for gain; or \r\n(b) any of the defendants where there are more than one, at the time of the \r\nfiling of the claim, actually and voluntarily resides, or carries on \r\nbusiness, or personally works for gain; provided that in such a case the \r\npermission is granted by the Consumer Court or the defendants who do \r\nnot reside, or carry on business, or personally work for gain, as the \r\ncase may be, acquiesce in such institution; or \r\n(c)  the cause of action wholly or in part arises. \r\n28.  Settlement of Claims .– (1) A consumer who has suffered damage, or  \r\nAuthority in other cases, shall, by written notice, call upon a manufacturer or provider \r\nof services that a product or service is defective or faulty, or the conduct of the \r\nmanufacturer or service provider is in contravention of the provisions of this Act  and \r\nhe should remedy the defects or give damages where the consumer has suffered \r\ndamage, or cease to contravene the provisions of this Act. \r\n(2)  The manufacturer or service provider shall, within fifteen days of the \r\nreceipt of the notice, reply thereto. \r\n(3)  No claim shall be entertained by a Consumer Court unless the \r\nconsumer or the Authority has given notice under sub -section (1) and provides proof \r\nthat the notice was duly delivered but the manufacturer or service provider has not \r\nresponded thereto. \r\n                                                 \r\n6Substituted by the Punjab Consumer Pr otection (Amendment) Act 20 25 (LIV of 20 25), published in the Punjab Gazet te \r\n(Extraordinary), dated: 25 June 2025, pp. 5233-5234, s. 4. \r\n \r\n \r\n(4)  A claim by the consumer or the Authority shall be filed within thirty days \r\nof the arising of the cause of action: \r\nProvided that the Consumer Court, having jurisdiction to hear the claim, may \r\nallow a claim to be filed after thirty days within such time as it may allow if it is satisfied \r\nthat there was sufficient cause for not filing the complaint within the specified period: \r\nProvided further that such extension shall not be allowed beyond a period of \r\nsixty days from the expiry of the warranty or guarantee p eriod specified by the \r\nmanufacturer or service provider and if no period is specified one year from the date \r\nof purchase of the products or providing of services. \r\n29.  Settlement at pretrial stage.– Any party to the dispute may, at the pretrial stage, \r\nmake a firm written offer of settlement stating the amount offered for settlement and if \r\nthe offer is accepted by the opposing party, the Consumer Court shall pass an order in \r\nterms of the settlement: \r\nProvided that notwithstanding anything contained in any oth er law for the time \r\nbeing in force, the party refusing the offer of settlement shall pay actual costs of \r\nlitigation, including lawyer’s fees, in case the final order of the Consumer Court is \r\npassed against that party: \r\nProvided further that the court’s appr oval regarding settlement shall be \r\nrequired in the following matters– \r\n(i)  claims of a minor; \r\n(ii)  claims of a legally incapacitated person; and \r\n(iii)  claims involving collective rights. \r\n30.  Procedure on receipt of complaint .– (1) The Consumer Court sha ll, on \r\nreceipt of a claim if it relates to any products,– \r\n(a)  forward a copy of the claim to the defendant mentioned in the claim \r\ndirecting him to file his written statement within a period of fifteen days or \r\nsuch extended period not exceeding fifteen days; \r\n(b)  where the defendant, on receipt of claim referred to him under clause (a), \r\ndenies or disputes the allegations contained in the claim, or omits or fails \r\nto present his case within the time specified, as the case may be, the \r\nConsumer Court shall proc eed to settle the consumer dispute in the \r\nmanner specified hereafter; \r\n(c)  where the claim alleges that products are defective and do not conform \r\nto the accepted industry standards, the Consumer Court may decide \r\nthe dispute on the basis of the evidence rel ating to the accepted \r\nindustry standards and by inviting expert evidence in this regard; \r\n(d)  where the dispute cannot be determined without proper analysis or test \r\nof products, the Consumer Court shall obtain sample of the products \r\nfrom the complainant, s eal it and authenticate it in the manner \r\nprescribed and refer the sample to a laboratory along with a direction to \r\nmake analysis or test, whichever may be necessary, with a view to \r\nfinding out if such products suffer from any defect and to report its \r\nfindings to the Consumer Court within a period of thirty days of the \r\n \r\nreceipt of the reference or within such period as may be extended, not \r\nexceeding fifteen days by the Consumer Court; and \r\n(e)  the Consumer Court may require the claimant to deposit to the credit of the \r\nConsumer Court such fees as may be specified, for payment to the \r\nlaboratory for carrying out the necessary analysis or test and the fee so \r\ndeposited by the claimant shall be payable by the defendant if the test or \r\nanalysis support the version of the claimant.  \r\n(2)  The Consumer Court shall, if the claim relates to any services,– \r\n(a)  forward a copy of such claim to the defendant directing him to file his \r\nwritten statement within a period of fifteen days or such extended \r\nperiod not exceeding fiftee n days as may be granted by the Consumer \r\nCourt; and \r\n(b)  on receipt of the written statement of the defendant, if any, under \r\nclause (a), proceed to settle the dispute on the basis of evidence \r\nproduced by both the parties: \r\nProvided that if the defendant doe s not deny or dispute the allegations made \r\nin the complaint or fails to present his case within the specified period, the dispute \r\nshall be settled on the basis of the evidence brought by the claimant. \r\n(3)  For the purposes of this section, the Consumer Cou rt shall have the \r\nsame powers as are vested in civil court under the Code of Civil Procedure, 1908 \r\n(Act XX of 1908), while trying a suit, in respect of the following matters, namely:– \r\n(a) the summoning and enforcing attendance of any defendant or witness \r\nand examining him on oath; \r\n(b)  the discovery and production of any document or other material object \r\nwhich may be produced as evidence; \r\n(c)  the receiving of evidence on affidavits; \r\n(d)  issuing of any commission for the examination of any witness; and \r\n(e)  any other matter which may be prescribed. \r\n(4)  Every proceeding before the Consumer Court shall be deemed to be a \r\njudicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal \r\nCode 1860 (Act XLV of 1860), and section 195 and Chapte r XXXV of the Code of \r\nCriminal Procedure, 1898 (Act V of 1898): \r\nProvided that the personal presence of the claimant before the Consumer \r\nCourt shall not be required till the defendant has put up appearance before it. \r\n(5)  The Consumer Court shall decide the  claim within six months after the \r\nservice of summons on the respondent. \r\n31.  Order of Consumer Court.– If, after the proceedings conducted under this Act, \r\nthe Consumer Court is satisfied that the products complained against suffer from any of \r\nthe defects specified in the claim or that any or all of the allegations contained in the \r\nclaim about the services provided are true, it shall issue an order to the defendant \r\ndirecting him to take one or more of the following actions, namely:– \r\n(a) to remove defect from the products in question; \r\n \r\n(b)  to replace the products with new products of similar description which \r\nshall be free from any defect; \r\n(c)  to return to the claimant the price or, as the case may be, the charges \r\npaid by the claimant; \r\n(d)  to do such other things as may be necessary for adequate and proper \r\ncompliance with the requirements of this Act; \r\n(e)  to pay reasonable compensation to the consumer for any loss suffered \r\nby him due to the negligence of the defendant; \r\n(f) to award damages where appropriate; \r\n(g) to award actual costs including lawyers’ fees incurred on the legal \r\nproceedings; \r\n(h)  to recall the product from trade or commerce; \r\n(i)  to confiscate or destroy the defective product; \r\n(j)  to remedy the defect in such period as may be deemed fit; or  \r\n(k)  to cease to provide the defective or faulty service until it achieves the \r\nrequired standard. \r\n32.  Penalties.– (1) Where a manufacturer fails to perform or in any way infringes the \r\nliabilities provided in sections 4 to 8, 11, 13, 14, 16, 18 to 22, he shall be punished with \r\nimprisonment which may extend to two years or with fine which may extend to hundred \r\nthousand rupees or with both in addition to damages or compensation as may be \r\ndetermined by the court. \r\n(2)  Where a defendant or the claimant fails or omits to comply with any order \r\nmade by the Consumer Court, such defendant or the claimant shall be punishable with \r\nimprisonment for a term not less than one month which may extend to three years, or \r\nwith fine not less than five thousand rupees which may  extend to twenty thousand \r\nrupees or with both. \r\n33.  Appeal.– Any person aggrieved by any final order of the Consumer Court may \r\nfile an appeal in the Lahore High Court within 30 days of such order. \r\n34.  Finality of Order.– Every order of the Consumer Court, if no appeal has been \r\npreferred against such order under the provisions of this Act, shall become final. \r\n35.  Dismissal of frivolous or vexatious claims .– Where a claim is found to be \r\nfrivolous or vexatious, the Consumer Court shall dismiss the claim and  impose fine \r\non the claimant up to an amount not exceeding ten thousand rupees for having \r\nwillfully instituted a false claim and shall award appropriate compensation to the \r\ndefendant from the amount of fine so realized. \r\nPART IX \r\nMISCELLANEOUS \r\n36.  Aid to the Consumer Court.– All agencies of the Government shall act in aid \r\nof the Consumer Court in the performance of its functions under this Act. \r\n \r\n37.  Immunity.– No suit, prosecution or other legal proceedings shall lie against any \r\nfunctionary under this Act, acting under the direction of the Consumer Council or the \r\nGovernment for anything which is in good faith done or intended to be done under this \r\nAct. \r\n38.  Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n39. Power to remove difficulties.– If any difficulty arises in giving effect to any of \r\nthe provisions of this Act, the Government may make such order, not inconsistent \r\nwith the provisions of this Act, as may appear to it t o be necessary or expedient for \r\nremoving such difficulty.",
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