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How to File a Complaint before Consumer Court in Pakistan?

Updated: Oct 22, 2023


How to file a complaint in consumer court in Pakistan Customer examining the quality of product
Photo by Tirachard Kumtanom

Knowing that you can file a complaint in a consumer court in Pakistan may surprise many. The fact is that there is a systematic process that is followed when you come across a product that needs to meet your expectations.


Many customers out there need to be made aware that there are laws to protect consumers against scams and defective services and products.


Confusion arises when determining which regulatory body you should contact and how to file a complaint in consumer court in Pakistan. This guide will explain which bodies are currently processing consumer complaints and how you should go about filing a case. For the purposes of jurisdiction, this guide will focus on the laws and procedures applicable to Islamabad Capital Territory (ICT)



Table of Contents


Consumer Protection Acts in Islamabad


The relevant consumer protection laws in Islamabad are:

· Islamabad Consumer Protection Act 1995

· ICT Consumer Protection Rules, 2011


It is essential to know that, the Sessions Court, Islamabad, is the Consumer Court for the purposes of consumer cases in Islamabad. Any consumer can directly approach the Consumer Court and file a complaint under Sections 6 and 8 of the Islamabad Consumer Protection Act 1995 in respect of any goods sold or delivered or any service provided or supplied through any unfair trade practice.


Alternatively, a complainant may file a complainant, under the provisions of the ICT Consumer Rules 2011, with the Area Consumer Association (ACA) or with the Islamabad Consumer Association (ICA). However, it is important to note that the role of the ACA and ICA is mainly to act as a mediator between both parties and to provide a way out through reconciliation.


The Role of the ICA and the ACA


Once the ACA receives the complaint, it will decide the case within 15 days of receiving the complaint. The ACA will try and see if the two parties can reconcile, as in some cases, that would be in the best interest of both sides.


If the parties cannot reconcile, the matter is referred to the ICA. It is important to remember that a consumer can also directly approach the ICA.


Once the case reaches the ICA, the matter has to be decided within 15 days of receiving the complaint. The ICA will work with both parties to come to a reconciliation. If, for some reason, the ICA believes that the case cannot be resolved, they will send it to the Consumer Protection Council which will then forward it to the Consumer Court as a formal complaint.


Once the Consumer Court receives the complaint, it will issue a Notice to the respondent to appear in court and reply within seven days.


Steps on How to File a Complaint with Consumer Court in Pakistan


1. First Step


Hire a lawyer and send a legal notice to the seller, manufacturer or the service provider detailing the claim. The claim should specify the details of how the product or service was faulty and what damages should be paid to the buyer. It is essential to mention that you can send such notice yourself as well, however it is always advisable that the best option would be to hiring legal experts who can help you with the process and assess damages for your case.


2. Second Step


The second step is to wait 15 days for the seller to reimburse you. If, within 15 days, the seller, manufacturer or the service provider does not pay the damages indicated in the legal notice, then you can start the proceedings to redress the matter in consumer court. It is important to note that although sending a legal notice may be mandatory in some cities/jurisdictions, but it is not mandatory as per laws applicable in Islamabad. However, despite that, sending such notice is recommended because it may help resolve the issue earlier and stop both parties from unnecessarily pursuing further litigation.


3. Third Step


When filing a Complaint before Consumer Court, it should be accompanied with copy of complainant’s CNIC and all the relevant documentary proof related to the product or service being complained about. Consumer cases are generally handled by the courts in a expeditious manner. Upon receiving your complaint, if the court is of the opinion that any rights of the complainant have been infringed, it shall issue Notice of the complaint to the Respondent who shall be required to give his reply within a period of 07 days.


The court may ask for more documentation and witnesses from both sides to reach a decision to conclude the dispute. In the end, the court will make a decision which will vary depending on the circumstances.


Possible outcomes of a successful complaint may include:

  • Punishment by imprisonment for up to two years or a fine of up to PKR 40,000 or both

  • Payment of compensation to the complainant

  • Confiscation of goods of the seller

Any decision by the consumer court can be challenged after filing an appeal before the High Court.


Don’t Risk Your Claim


Alam & Alam Legal and Financial Consultants can help you file your consumer complaint to ensure you receive total damages. It is essential to have a solid case and present your complaint clearly to be reimbursed.


Call Alam & Alam Legal and Financial Consultants today to schedule an appointment so we can discuss your case and provide you with guidance.


A & A has provided reliable, trustworthy, and expert legal assistance to individuals, corporations, and firms for the last twelve years. Contact us today to receive a consult and discuss your legal or financial concerns.


Telephone: +92-51-2355777, +92-332-5233523, +92-344-5555588

Email: contact@AlamConsultants.com


Disclaimer:

The information provided in this blog is not a replacement for legal advice. It is an informative article that can give you an overview of your legal issue. Contact Alam & Alam Legal and Financial Consultants today for more detailed expert advice.


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