LAHORE (The Thursday Times) — If you pay for something online and it never arrives, your case belongs in a consumer court and not an ordinary civil court, the Lahore High Court has ruled, even if you are claiming millions in damages.
Justice Malik Waqar Haider Awan said such disputes, including non-delivery after full payment and cancelled orders, fall under the consumer courts. Buyers cannot get round that by calling their claim “general damages”, he held, because jurisdiction depends on the cause of action and not on the wording used or the amount sought.
The case began with two items of clothing worth Rs6,480. Dr Muhammad Ahtisham Qamar paid by credit card, but the items did not arrive on time, and the sellers cancelled the order 17 days later, citing the Covid-19 pandemic. He got his money back, then sued for Rs2,116,480 in refund and damages, including for mental agony and humiliation.
The sellers first denied the transaction, then admitted the booking, saying the stock was unavailable and the money had been refunded.
A civil court sent the case to the forum set up under the Punjab Consumer Protection Act 2005, and an appeal failed. The high court has now dismissed his petition.
What it means if you shop online in Punjab: keep your payment record, order confirmation and any messages from the seller, because a complaint over a missing or cancelled order goes to the consumer court in your district.
