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ACT IX OF 2003 ACT IX OF 2003 BALOCHSITAN CONSUMERS PROTECTION ACT, 2003 An Act, to provide for promotion and protection of the interest of consumers [Gazette of Balochistan, Extraordinary, 30th October, 2003] No. PAB/Legis: V(10)/2003, dated 30-10-2003.---The Balochistan Consumer Protection Bill, 2003 having been passed by the Provincial Assembly of Balohistan on 11th October, 2003 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. It is hereby enacted as follows:- PART-III DISPOSAL OF COMPLAINTS 15. Procedure on receipt of complaints.---(1) The Consumer Court shall on receipt of a complaint, if it relates to any goods:-- (a) refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days; (b) where the opposite party on receipt of complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to present his case within the time specified as the case may be, shall proceed to settle the consumer dispute in the 1t.nner specified hereinafter; (c) where the complainant alleges a defect in the goods which cannot be determined without proper analysis or test of the goods the Court shall obtain a sample of the goods from complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to a laboratory alongwith a direction to make an analysis or test, whichever may be necessary, with a view to find out whether such goods suffer from any defect and to report its findings thereon to the Court within a period of thirty days of the receipt of the reference or within such period as may be extended by the Court; (d) before sample of the goods is referred to any laboratory under clause (c), the Court may require the complainant to deposit to the credit of the Court such fees as may be specified, for payment to the laboratory for carrying out the necessary analysis or test in relation to the goods in question. The fees so deposited by the complainant shall be recovered from the opposite party if the test/analysis supports the complainant's version and paid to the complainant; (e) on receipt of the report from the laboratory, the Court shall forward a copy of the report alongwith such remarks as the Court may feel appropriate to the opposite party and the whole process shall be completed within three months; (f) if any of the parties disputes the correctness of the findings of the laboratory, or the methods of analysis or test adopted by the laboratory, the Court shall require the opposite party or the complainant to submit in writing his objections in regard to the report of the laboratory; (g) the Court shall give a reasonable opportunity to both the parties of being heard with regard to the correctness or otherwise of the report of the laboratory and also as to the objection made in relation thereto under clause (f) before making an order under section 16. (2) The Court shall, if the complaint received relates to goods in respect of which the procedure specified in subsection (1) cannot be followed, or if the complaint relates to any service:-- (a) refer a copy of such complaint to the opposite party directing him to give his version within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Court; and (b) on receipt of the defence of the opposite party, if any, under clause (a) proceed to settle the dispute on the basis of evidence produced by the parties: Provided that if the opposite party does not deny or dispute the allegations made in the complaint, or fails to present his case within the specific period, the dispute shall be settled on the basis of evidence brought by the complainant. (3) For purposes of this section the Court shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) while trying a suit, in respect of the following matters, namely:-- (a) the summoning, and enforcing attendance of any defendant or witness and examining him on oath; (b) the discovery and production of any document or other material object produce-able as evidence; (c) the receiving of evidence on affidavits; (d) requisitioning of the report of the concerned analysis or test from the laboratory or from any other relevant sources. (e) issuing of any commission for the examination of any witness; and (f) any other matter which may be prescribed. (4) Every proceeding before the Court shall be deemed to be judicial, proceeding within the meaning of sections 193 and 228 of the of the Pakistan Penal Code 1960 (XIV of 1860) and the Court shall be deemed to be civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure 1898 (V of 1898). Presence of complainant before the Court shall not be required till the accused/respondent has put up appearance before the Court.