WE PROSECUTE AND DEFEND CONSUMER CASES IN PAKISTAN:
According to the preamble, which can provide useful assistance to ascertain the legislative intention of the Act, the Act was enacted, to provide for the protection of the interest of consumers. Use of the word `protection’ furnishes key to the minds of makers of the Act. Various definitions and provisions which elaborately attempt to achieve this objective have to be construed in this light without departing from the settled view that a preamble cannot control the otherwise plain meaning of a provision. The Act meets long felt necessity of protecting the common man from such wrongs for which the remedy under ordinary law for various reasons has become illusory. The importance of the Act lies in promoting welfare of the society by enabling the Consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful business, described as, `a network of rackets’ or a society in which producers have secured power to rob the rest and the might or public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The legislature has taken precaution not only to define ‘complaint’, `Complainant’, `consumer‘ but even to mention in detail what would amount to unfair trade practice by giving an elaborate definition in clause (r) and even to define `defect’ and `deficiency’ by clauses (f) and (g) for which a consumer can approach the Commission. The Act thus aims to protect the economic interest of a consumer as understood in the commercial sense, as a purchaser of goods and in the larger sense user of services. It is a milestone in history of socio-economic legislation and is directed towards achieving public benefit.
“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.” (Emphasis supplied).
“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 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.” (Emphasis supplied)
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PAKISTANI CONSUMER LAW 