November 23, 2007	Friday	Ziqa’ad 12, 1428

LAHORE, Nov 22: District Consumer Court Presiding Officer Syed Maruf Ahmad Ali in a decision says the traders, falling under the definition of manufacturers, are liable to replace faulty goods even if they do not provide buyers with warranty or guarantee.

The decision was given on a Rs300,000 damages claim filed by Faqir Muhammad Zafar, a resident of Sheikhupura, under the Punjab Consumer Protection Act 2005 against the respondent, Muhammad Ibrahim, a trader.

The petitioner said he had purchased a Chinese generator on March 5, 2007, for Rs6,700 against a duly executed receipt from the respondent. He said when he installed the generator at home, it did not work at all.

He said when he complained about the flaw to the trader, he turned a deaf ear and finally refused to either replace the generator or refund the amount.

The petitioner said in response to his legal notice, the trader never denied that the generator was not defective.

The counsel for the trader submitted his client neither provided any guarantee nor warranty for the generator, a fact admitted by the petitioner in his evidence.

He said the imported goods were not being sold in the market with any guarantee or warranty, besides at the time of sale the generator was checked and operated. He said the generator developed a defect because of mishandling during the process of installation.

“After scanning the evidence produced by both the parties, it has been proved that the generator did not work even for one day when it was installed in the house of the petitioner due to some manufacturing fault,” the court wrote in its order. The trader could not evade his responsibility to either replace or make a refund by stating it was an imported item and no warranty or guarantee could be given for it.

The court said the trader fell under the definition of manufacturer under Section 2(H) of the Punjab Consumer Protection Act 2005. “It is the responsibility of the trader/dealer that defect-free goods were imported and there after sold to the consumer,” the court decided.

Accepting the petition, the court directed the respondent to refund the purchase amount, besides Rs675 for the fuel and lubricants bought along the generator. “The respondent is also burdened with costs (of litigation) of Rs10,000,” the court ordered.

The court said the petitioner could not be granted damages because he did not suffer any damage because of the product.