Protection of consumer rights

2013 CLD 1085 ISLAMABAD Judicial Precedent

S. 4(m)Telecom Consumer Protection Regulations, 2009, Regln.8Constitution of Pakistan, Art. 199Constitutional petitionUnfair commercial practicesProtection of consumer rightsMaxim: Audi alteram partemApplicabilityPublic interest

Petitioner mobile telecommunication-services companies impugned order of Pakistan Telecommunications Authority ("PTA") whereby "prize-schemes"/lucky draw were suspended by the PTA on the ground that such schemes were prima facie contrary to the law and in violation of Regln. 8 of the Telecom Consumer Protection Regulations, 2009

Contention of the petitioners was, inter alia, that such suspension amounted to being condemned unheard and was contrary to the principle of audi alteram partem

Validity

Petitioners had themselves pleaded that the prize schemes were launched for the purpose of marketing and providing incentives to the customers, but the same did not affect their original business, therefore , no right of the petitioners was being infringed and petitioners could not allege the same to be a natural right

Petitioners had stated before the court that they were not capable of stopping malpractices associated with such schemes, and therefore, they were not capable of taking responsibilities, and could not claim rights on the same footing

Under provisions of the Pakistan Telecommunication Re-organization Act, 1996; consumer's interest was protected and was therefore, an undisputed legal right

Under Ss.4(m) and 18 of the said Act, paramount consideration was consumer's interest

Consumers could not be left to the mercy of the telecom companies, as such schemes had been launched without any accountability

Relief claimed by petitioners was against public interest

Constitutional petitions were dismissed, in circumstances.