Online Shopping Disputes Fall Under Consumer Courts, LHC Rules

In practice, the Lahore High Court (LHC) has ruled that disputes arising from online shopping transactions, including the non-delivery of goods after full payment and subsequent cancellation of orders, fall within the jurisdiction of consumer courts.

Key points

• Justice Malik Waqar Haider Awan created these observations while dismissing a constitutional petition filed by Dr Muhammad Ahtisham Qamar.
• SC Rules Death During Delivery Is Not Proof of Negligence.
• According to the petitioner, he had paid the full amount through his credit card, but the articles were not delivered within the stipulated period.
• Although the amount was subsequently refunded, he sought compensation for alleged mental agony, humiliation and other losses.
• The appellate court upheld the decision, prompting him to move the high court.

For context, the court held that buyers cannot bypass the special legal forum by describing their claims for compensation as general damages, observing that jurisdiction must be determined by the cause of action rather than the terminology or amount of relief sought.

Justice Malik Waqar Haider Awan created these observations while dismissing a constitutional petition filed by Dr Muhammad Ahtisham Qamar. This person had challenged a civil court's decision to return his damages suit and the subsequent dismissal of his appeal by an further district judge. FIR Registration Cannot Disqualify Anyone from Administration Jobs.

In practice, the petitioner had sought recovery of Rs. 2, 116, 480 in refund and damages over an online purchase of two clothing articles worth Rs. 6, 480.

According to the petitioner, he had paid the full amount through his credit card, but the articles were not delivered within the stipulated period. Instead, the sellers cancelled the order after 17 days, citing the Covid-19 pandemic.

In practice, the defendants initially denied the online transaction but afterwards admitted that a booking had been produced, the stock was unavailable and the amount received had been refunded. SC Rules Death During Delivery Is Not Proof of Negligence.

Meanwhile, the civil court returned the plaint under Order VII Rule 10 of the Code of Civil Procedure, directing the petitioner to approach the competent forum under the Punjab Consumer Protection Act 2005. The appellate court upheld the decision, prompting him to move the high court.

Notably, the petitioner's counsel argued that the claim was primarily for general damages arising from mental distress and humiliation caused by the cancellation of the transaction. Stay Connected with ProPakistani. Obtain the latest news and stories wherever you prefer. Follow on Google Discover. Follow on Google News Join WhatsApp. See more ProPakistani stories in Google Search and Top Stories.

In short, online Shopping Disputes Fall Under Consumer Courts, LHC Rules is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.