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20346/09
M/s Askari Leasing Ltd.
03.10.2014.
this
constitutional
petition,
the
W.P.No.20346 of 2009.
3.
W.P.No.20346 of 2009.
W.P.No.20346 of 2009.
W.P.No.20346 of 2009.
W.P.No.20346 of 2009.
9.
W.P.No.20346 of 2009.
10.
its abundantly clear that the Consumer Courts have been set up to
protect consumers from manufacturers of defective product or
providers of defective services. Section 4 of the Act provides as
follows:4.
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
W.P.No.20346 of 2009.
It may be seen that the case of respondent No.2 is not that the
W.P.No.20346 of 2009.
the opinion that the claim of the petitioner is based on the lease
agreement between the parties and his cause of action arises out of
failure on the part of the bank to fulfil an obligation towards him to
keep the vehicle safe after it was repossessed. That being so, the
case of the petitioner is covered by section 9 of the FIO, on the basis
of which he can file a claim against the petitioner. Such claim in
terms of section 7(4) of the FIO can be filed only in a banking court,
for which such court has exclusive jurisdiction. This conclusion is
further supported by the provisions of section 3 of the Punjab
Consumer Protection Act, 2005, which envisages that the provisions
of the Act shall be in addition to and not in derogation of provisions
of any other law for the time being in force. Even otherwise where a
specific remedy is available under a Special Law, General Law
cannot be resorted to. It is also clear that in disputes between
customers and Financial Institutions where breach of any obligation
is alleged on the part of either party resort to Courts other than a
Banking Court constituted under the provisions of the FIO is barred.
12.
W.P.No.20346 of 2009.
13.
10
(IJAZ UL AHSAN)
JUDGE
JUDGE
Approved for reporting.
*Mumtaz*