Sindh Consumer Protection Act, 2014

3. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for !he lime being In force. • 123 THE SINDH GOVT. GAZETTE EX'r. MAR 18.. 2015 PART-IV PART-II LIABILITY ARISING FROM DEFECTIVE PRODUCTS Liability for 4. (1) The manuracturer of a product shall be liable to a defective consumer for damages proximately caused by, a characteristic products. of the product that renders the product defective when such damage arose· from a reasonably anticipated use of the product by a consumer. ' (2) A product shall be defective only if- (a) it is defective in construction or . compos,tion as provided in section 5; (b) ii rs defective in design as provided in section 6; (c) it is defective because as adequate warning l ias been given as provided in section 7; and (d) it is defettive because it does not conform to an express warranty of the- manufacturer as provided in section 8. Defective in 5. A product shall be defective in construction _or construction composition or, at the time the ·product was or --:manufactured, a ·material deviation was made from the composition. manufactures own specifications . whether known to the' consumer or not. Defective in 6. (1) A product shall be defective in design if, at the design. time the product left its manufacturer's control- (a) there existed an alternative design for the product that was capable of preventing the damage to a consumer; and (b) the likelihood and gravity of damage out~eighed the burden . (2) .When the manufacturer has used reasonable care to provide adequate warning to the users or handlers of the product, it shall be considered in evaluating the likelihood of damage arising from the design of a product. ~ - __ -- -- . ·nrE SThi"DII GOV'I . GAZETTF. EXT. MAR 18, 2!).J.L 124

7. (1) A proauct shall be cefective if an adequate Defective warning about the product that it po,sessed a because ar characteristic that could ca.L.se damage, haP. not heen inadequate provided at the time tt-ie product left ts rna"!ufacturer's warni '1g. control or the manufaelwer has failed to use reasonable 1~r.1e .lo provide an adequate warring of such cnaracteristic' and Its danger to users and handle,·s of tne product: Provided that a manufacturer sl1all not lJe required to provide an adequate warning about hi•, product wh~••- a) the ordinary user or handler of the product could know with the ordi"lary knowledge comrnor to the community, that the product has d.1ngerous characteristic which could cause damage; or b) lhe user or handler of the product already knows or should be reasonably expected to know that the product has chan}cteristrcs which were dangerous and cou ld cause damage . (2) /\ manufacturer of a product who. after the prodµct has le't his control, acquires knowledge about the dangerous characteristics of the prooucl tlial could cause damage, or who would have ac:quirnd such knowledge ha::l he acted as a re;isonably prudent manufactu·er. shall be liaule fo r damage caused by l1is subsequent r:1ilure to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product

8. A product shall be defective when it does not Defective conform to an exoress warranty made nt any time by because of the manufacturer about lhe product if the express non- warranty has induced Lile claimant to use the product conformity and lhe claimant's damage was proximately caused to expr ess because the express warranty was untru.e. warranty.

9. (1) Notwithstanding anything contained in section 6 , a Proof of manufacturer of a product shall not be liable for manufactu rer's damage proximately, caused by a characteristic of knowledge. product's desigB if the manufacturer proves that at the time the product left his control• ~ 125 TTTF.SINDII GOVT. Gi\ZETl'E EXT. MAR 18, 2015 PART-fV (a) he did not know and in the light of the then existing and rea$onably available sciert,fic and tcchnologic;;il knowledge, could not have known the design characteristic that caused the damage or the danger of such characieristic; or (b) he did not know and, n the light of tne then existing and reasonably avaLable sciertific and tech'1olo1,1cal knowledge. could not have known of the alterr1ol1Ye ;Je;;ign identified by the consumer u11der section 6 (l); or (cJ the alternative design identified by the consumer under section 6(1) was not feas ible in the light of the rr en existing and reasonably available scientific and technological knowledge or then existing economic practicability, (2) Notw1th~tanding anything contained ,n Section 7 (1) or 7(~ ). ,l manufacturer of a product shall nnl be liable for <Jarnage if the manufacturer proves that, at the tiine the product lcfl his c:onl1111, he did not know and, in the light of tho then cxistmg ilml reasonably a,,ailable scientific and tcchnologi_c al knowledge, could not have known of the charac-teristic that t;cJUS~d tile damage or the danger of such characte, is ti c Restriction 10. Where the consumer has not suffered any on grant of damages from the producf except the loss of utility, da·mages. the mc1nuracturer shall not be liaole for any damages except u return of the consideration or a part thereof and the costs. Duty of 11. ( 1) Where the nature of the product is such that disclosures. the disclosure of its oornpetent parts, ingredients, quality, or date of manufacture and expir/ is material to the decision of the consumer to enter into v contract for sale, the manufacturer shall disclose the same. (2) Notwithstanding anything cont ained in sub- section (1 ), Government may, by general o r special order, require such disclosure m any particular cases. Prohibition 12. The l1ab1lity of a person by virtue of this part to a on exclusions from li_ablllly. consumer who has suffered damage shall not be limited or excluded by the terms of any contract or by any notice. P/\,Rf -I V TUI: SI NDll G()\ 1. GAZETI'F EXT. MAR ll!, 201S 126 PART-Ii LIABILITY ARISING OUT OF DEFECTIVE AND FAULTY SERVICES 1 3. A pro111de1 of services sha I be iable !o 3 consurT'er Lia bility for fo• damages proxunately caused by the provision of faulty or defec 1ve service that havP causeo damage servi1;cs.

14. (1) Where the standard of provision of a service is Stan d ard of regulated by a special law, provinc1ul or federal provi sion o f standard of services shall be deemed to be thf, s ervi c es. s tandard laid down by such special law (2) Where the standard of a service has not been provided in law or b y , the professio11al or trade body concerned, the st andard shall be that which at the time of the provision of the service, a consumer could reasonably expect t o obtai n at that time in Pakistan. -5 Wrere the consJ'Tler has not ~uttered ary Restriction damages "rom the provision of service damages on grant of except lack ot benefit. the service provider shall nut damages. be liable for ,:3ny damages except a return of the considerat on or a part thereof and the costs. 16 .. • (1) Where the nature of the servrcn m suet, that Du t y of tile d sclosure of the capabilities or the qualifications disclosure. of the pr avider of tne service or quality ol the products t~al he intends to use for provision of the service is material to the dcc,~aon of the consumer to enter into a contract for provision of swvices, tt,e orovider of services sha I disclose the sam1! (2) Notw1thstw 1dmg anything contained in sub- section (1 ), Government may, by general er special order, require such disclosure 1n .any case.

17. Tne l,ability of a person hy vrrtue of this Part to a Prohib ition person who has suffered damage shall not be limited o n o r excluded by th e ter ms o f any contruc;l or by any e xclu s ions notice . from liability. 127 TIIF. STNl)ll C.OVT. CAZIE'ITE EXT. MAR lR, 21115 PART-IV ·PART-IV OBLIGATIONS a= IIMNUFACTIJRERS Prices to be 18. UnleE;s a pnce ca1alogue is available tor issue to exhibited ut consumer, the manufacturer or trade shc1II displny the • prominently in his shop or display-centre a nmi.c e business spec.fyir,g the retai l or wholesale price. place. as the case may be, of every goods available for s aie in lhal !51lop o r di~pl ay- centre. HJ Fvery mnnulc1clurer ur trader who sells any goods Receipt to be issued to shall is sue lC :he p u rchaser a receipt showing: the purch a s er a ) the da t•~ of sale; b) des cription of goods sold : , c) the batch number of the product, the original prlnted reta 11 :,rice, date of manufacture and date of explry. d) the quantity and price of the goods, and • e ) lh6 name a nd address of the ·seller Roturn and 20. Roturn and refund policy of a seller shall be refund disclosed to the buyer e,lear'y •before the transaction policy. is completed by m ear ,s of assign at the point of purchase. PAHT-.V UNFAJR PRi1C'TICES Fa lse, 21. . No person shall make a false, deceptive or deceµtivc or misleading representation_ t hat-- m is leading repmscnlcrtion. a) the products .are of a particular kine', standard, quality, grade, quantity, composition. style or model: b) the products have pa1ticular hi.story or particular previous use; • . c) the services are of ·a particular kind, standard or quality; • d) the services are provided - by a person having a requisite skill or qualification or experience; _,,_, ll=lE=-=SIN=D,..,,Il"---"'G""'O-'-V...,,_T.,_.G""'A""'Z""E"'"'"--'l'T"""E"'---"'E""'X,. ._T-=. .a.N'""'M""""'R,_,l,_,,8,_,=20"""1. ,._5_ _ _ 128 e) the produ cts were manufactured , prod uced, processed or reconditioned at a particular time; f) the products or services have any sponsorship, approval, endorsement, performance, characteristics accessories, uses or benefits· g) the products are new or reconditioned or have been in use for a particular period of time only; h) tho. seller or prodl.Jcer of products or provide· of service h.as any sponsonhip , approval, endorsement or affiliation: i) the products or services are necessary for somebody's a well-being j) concerns the existence oxc 1usion or effect of any condition guarantee, rignt o r remedy and k) concern the place of orig in of products.

22. (1) No person shall advertise promotion of Prohibition on services through lotte ry or attracting the consumers bait advert isement. for add itional expenditure by way of rewara or award in lieu thereof except for the cha rges for ti,s original product a) does not intend to offer for supply ; Or b) does not ha.ve reasonable grounds for beli~ving that they can be supplied ai the price 'or a pe riod th at is, and rn quantities t hat are. reasonable h aving regard to the nature of the market 111 which !he person carried on businf!SS anri the na\'ure of tho :id verlisom ent • • '(2) Any person who has adve rtised products or services for supply at a specified price shall offer such products or services, for supply at thal price for a period that is, and in quantities that are reasonable having regard to t he nat ure of the market in wh ich the person carriers on business and the nature or the advertise.men I. PART-VI THE POWERS OF THE AUTHORITY

23. ( 1) Any person may file a complaint for violation Powers of of the provisions of sections 11 , 16. 18 and 19 before Authority• the Authority who, on being satisfied that such is the case, fine the violator that may, extend to fifty 129 'J1JF, Sl~T>H (;OVT. (jALFTIE EXT. M.:=:\=R.,_1=8..._.-=2;.:.:0-"-'1'.'-~--f ...,_\RT'""-"--=IV~ thousand rupmis and which may be recovered as arrears of land revenue (2) The Authority may Ille a claim for declaring a product defective cmdcr sec;! on 4 , G, 6, 7, or 8, or service as faulty or defective under section 1:; without proof of uny damage actually suffered by u consumer but likely lo be suffered keeping in view the general standard of that service. (3) The Authority may file a claim before the Consumer Court for declaring any act on the part of any person as being i n contravention to r>art IV of this Act without proof of any damage actually suffered but . hkely to be suffered due to the said contravention. (4) The Aulhonty on receipt of a complaint or a reference from the Consumer Protection Councilor or on his own 'Y'IOtion may hold an inquiry as to defects in products or ~crv1ces or practices which contravene any of the prov sions at this Act No prior notice shall be •equire<l to be Qivcn to a rianufacturer or provider of services for the 'purposes of holding an i'lql lll Y (:::i) The Authority while holding an inquiry may d·rect the pol ce o r any other officer or Authority qf Gowirnment to gather such evid.ence as it cir->ems nccess;iry or to perform fur'lction in accordance with the l,JW wh1c.l1 have an impact or the mqui,. (6) ·1 he Authority may, delegate its any Powti1:-; c:onrerre<J 011 him by or under this Act shall, in relation to sur'l mallms and subject to st.ch conditions, if any, as may be sµecif1ed 111 the direction, be • exercisable also by suer Offict-!1 or authority subordinate to him or subordinate to Gove1nment as may be specified in the direction: and may at any time rcvok(: or vary such a delegation: Provided that no such delegation shall be deemed to divest the- Authority of all or any of his prn.vers, duties or functions and he may if he thinks fit exercbe such powers, duties or functions. notwithstanding the fad that he has so delegated them. (7) An_y person aggrieved by the order passed under sub-section (1) may file an appeal before Governmen~t within thirty days or such order. • PART-IV T U I!: Sl i\ DH ( ;OVT. GAZ.ETfB EXT. MAR l8, 2Cll5_ 130

24. (1) Government may, by general or special order Power s of and subject to such conditions as may be prescribed, Government. exercise all or any of the powers conferred upon the Authority under th is Ac1 except the power of imposition of fine under section 23( 1j. (2) Government may, by General or Special order and subject to such conditiors may he prescribed delegate its powers lo M in :stcr In-charge and Secretary , Supply ;rnd Prices Dcpnrtm:::'l t. (3i Government by notifie d order delegate all or any powers of the Authority in re ation to such matters and subject to such cond1t1on 1f any as specif tid 1n the notification be exercisable also by .su.;11 office r subordinate to it and may <dl ;;1 11y lime revoke or vary ::;uch delegation . Prov ided tha'. no such delegation shall deem to divers the original authority uf all or any i1s power. duties , functions rrrnndated under this Act. PART-VII CONSUMER PROTECTION COUNCIL

25. (',I) Government shall set up a Consumer Protection Con s umer Council in the Province . Pro tec tion C o un c il. (2) Government may se t up ConsumcH Protection Councils in all d i.slricts which shall, report to the Provincial Consumer Protection Council. {3) The Cpnsumer Protection Councils shall have such other functions as may oe designed to them by Government by nohf1cation in the official dazette . (4) TheProvincial Consumer Protection Council shall gather such information and data as may be necessary in order lo mmove unreasonably dangerous products and faulty and defective services from trade or commerce with the approval provided by Government. (5) E ach Consumer Protection Council shall h ave an adequate represen tation of consumers and associations of trade, industry and service, as the case may be, duly registered under the law for the ~ime being in force: provided that the representation of =13~1~ . _ _ _T=I=l=E~S=IN~'D=H GO.}'.:]'. GAZE1TE EXT. MAR18, 2015 ' fX)nsumers on the Council, o~her than ctnv ex-officfo members, shall not be less than fifty percent' of its total membership. PART-Vl!l DISPOSAL OF CLAIMS AND ESTABLISHMENT OF CONSUMER COURTS • Filing oJ 26. A claim for damages arising out of contravention of Claims . any provisions of this Acl shall •be filed. before a Consumer Court set up under this Act: Establishment 2i. (1) Government shall , by notification, establish one of Consumer or more separate Co11s•J1T1er Courts in each _District Courts. to exercise jurisdiction and powers under th is Act. (2) A Consumer Court shall be presided over by a Judicial M~gistrato. (3) The ·terms and conditions of service of Judicial Magistrate a p oo in led under · sub-s~~ction (2) shall be such as may !be prescribed. Jurisdiction 28. SLtbject to ~he provisions of this Act, the of Consumer Court shal l have jurisdiction to entertain Consume:r compl;;iints within the local limits of whqse jurisdiction- Courts. {a) the o e fe nd ant or each of the defenda1 :s, w h ere· :r e re are more than one : at the time · o f • filling of the claim , actually and vo li1~1l a1ily res ides o r carries on business or p ersonally wo rks for gain; or (b) uny or th e difference where. l h e1e are more than one , at- the time of the filling of the claim, actually and voluntarily resides, or carries on bus•iness, or persona lly works for gain : provided that in such a case the permission is granted by the Consurr,er Court 'Or the defendants who do not reside, or carry on business, or personally work for gain. as the case may be, acquiesce in such institution; or {c) the cause of action wholly or in part arises. ... T...,H..,.E'-'S,.,.IN~D,..,Il,_,G""O,,,.·.L P~A~l{.L'l~:.!-1..!...v_ _ _.... v1: GAZETTE EXT. }\,[AR 18, 2015 132

29. (1) A consumer who has suffered damage, or Settlr.-ment Authority in other cases. shall, by written notice, call of Claims . upon a manufacturer or provider of. services that a product or service is defective or faulty, or the conduct of the manufacturer if service provider 1s in contravention of the provisions of this Act and he should remedy the defects or g•ive damages where the consumer has· surfered damage. or cease to contravene the provisions of this Act. {2} The manufacturer or service provider shall witti in fifteen days of the receipts of the notice, reply, thereto. (3) No claim shall be entertained by a Consumer Court unless the consumer or the Authority has given notice under sub-section:. (1) and p,rovided proof that the n·otice was duly delfvered but manufacturer or service provider has not re'sponded thereto . (4) A claim by the consumer or the Authority shall be filed within thirty days of the arising of the cause of action : Provider that the Consumer Court, having jurisdiction to ~ear the claim. may allow a claim to be filed after thirty days within such time as it may allolN if it is satisfied that there was sufficient cause for not filing the complaint within the specified period: Provided further that such extension shall not be allowed beyond a period of sixty days from the expiry of the warranty or guarantee period specified by the manufacturer or service provide, and if no period is $pecified one year from the date of purchase of the products or providi_ n g ef service. 30 .. Any party to the· dispute may. at the pre-trial stage, Setttement at ma.ke a firm written offer of setttement stating the pretrial stage amount offered for settlement and if the offer is accepted by the opposing party. the Consumer Council shaH pass an order in terms of the settlement: • l '.B ' . PART-IV Provicl~d that notwithstanding anything constrained in _ a ny other law fo.r the time being in force, the party refusing the otfer of settlement ,t sha~I pay actual costs or lilig,iti.';Jr,l im;h,idino l~1wy~r·~ re.e s in •caSH H1fl1 final .orde.r of the Co11sumer Court is passed against that party . I Provided further that the Court's approval regarding setllernent sllall be required in the following matters:- ' . . ' ,r i. daims of a minor: l . .. .. ! 1i d:.=iims ot a legally incapacitai~d p~rsoni .., cV\d " 6'1' I. ,, iii . cfai.ms involving collecti\ze .rights. ' ' Procedure on receipts of ~1.. (1) T-Jle,.C..ons r.t•ri ~r Court s-nall, .or.-re-ceipt of cla'im complaint. ..if it r.el,ate-s. t0 ~n,y pt:)dUC!Sci '· ' •1 , I,. a) forward a copy of the claim to 'th1e defe'n'(f ant mentioned _in the cl_ai,r,n 9,re9tin-P, .him_, lo file his t ·e,ri, writt'Jri stalement w1tHm, a period of hf~ecri d~ys ~rH 1 or< ·'s\.Jch ~xt'i!!nded peri~d 'riot ex'ce~d,ino '. fit\~en days: '"'"' "'-& 2 -, ..-t-•''- ~: 11c ,,,..\ u.2;,-:1 ,f?"b.< •, ...,:_, e, fJ11 ',b,..t f.i 9 •i.i ~ )_ ~h~ ~eJh 1 f; 1~ eieF1dq.,rJ.\,;o ~-,ril?\Cfri~l Qf ~Ja~m,,,:e.forr'.ed . +• W .. p.-1m✓,Ul'l,d1=lf clause , (ai),,_de~1e,1J,,o r,!lmpulµ:rt"1e r),' w ,,_ a~~-g<;1~_RjlS_. c-9nt_airie,,~ ~in the .ola(rn'.110r -o·mit~2 or fails lf:lC'· l?-ff~em -):i,~ oo~.ei w1H;H~crt-he., .ime • specified, as the case r~·~y be,. th_e ~in.~_u rrier ,o ~ c :oort ·st'l'~II ~.p-r-oceeod· t~~· settre the ??or'l'$U'f!ler \ 1. ,: , t-,~rs~lf..te i1i the mann~Ape"cffi~d f'e'r-elfft_ er:•;·, 1 ~- .., ii "'..1 t·,01\!")t.;,{J;;l b _, . • '";6 ': J,2 ''. f <; 11 V ...,, • 'I.., 1 ~ "cap~here _th'€_-· clatma1! ~!l~o~~~Jhct· -~}~°'~6.t tr9re ~ lo -aefectWe 'and do ·!Jot carf~Tf.7~\ti, '~Et -~fy,~_Rted industry standards, ..,thW ConWuftt =r Ct>utt ni'ay • decide the dispute on tt;e ~yidence re~tin~- to ,• "~ i}~e ".r~~f~~? in~u?t~';srl~~~_r.d a:{~?oy [~v}tTng • ~ ex,p_e rt .ev1ai!nce 1n tl;f1s regard. ,,, "·c , l rr" , 1 "'c " • 1 bi~::, •1 ,, .: ,.:. 11.>I '.} ; ) ' ' , • ·d) where\ the'"'' ''dispute ' lda'nn6t . b"ei .&':l;;~m/\ed ,<:\wm,out l,-iro;9er 'analys'11i' 8rte·st•"or 7R;ci'ci'tls~'the Consumer Court shall obtain sample of the products from the complainant, seal it and authenticate it in the rnanner prescribed and refer the sample to a laboratory alongwith a n irection to make analysis or test; whichever , l'AIIT-IV , • THE SINDH COYT, GAZET[E EX"f; MAR 18. 2015 .---=13,.._,.4 ' may be necessary, with a view to finding o_u t if such pr9ducts suffer from any defect and lo report its finding to the Consumer Court within :1 pBrind Of t11irty days of the receipt of the reference or within such peri9d as May be extended, not exceeding· fiheen days by lhri! Consumer Court: and e) the Consumer Court nay require the claimant to deposit to the credit of the Consumer Court s,tch fees as may be spt~cified, for payment to -the laborawry for carrying out the n~cessary analysis or test and the fee so depositco by th<i claimant shall be payable by the defendant if the test or analysis support the version of · the cl;:iirnant {2) Ttie Consumer Co111i shall, if the claim relates to any services:- (a) forward a copy of such cla:m to the defendant directing him to file h is written statement within . ·a period ot titteen days of such extended perfou not uxceed1r~g fifteen days as rnay be grantee by the Corsumer Court; a nd (b) on receipt of the wrillen s ~ater11enl or tl1e defendant if any, under clause (a), proceed to settle the dispute on the basis of evidence produced by both the parties: Provided that if t11e defendant does not deny or dispute the allegations made in the complaint or fails to prese11t his case w ithin the specified period , the dispute shall be settled on the basis of the ev1dence brought by the claimant. (3) For the. purposes of this section, the Consumer CoL1rt shall have the same powers as are vested in Civil Court under the Code of Civll Procedure, 1008 (Acl V of 1908), while trying a suit, in . respect of the following matters, namely:- . " .. TIIE S1"!\DII GOVT. GI\.ZETTE EXT. M AR 18, 2015 l'ART-JV 13S (a) the summoning and enforcing attendance of any defendant or w itness and examining him on oath; (b) the discovery and -production of any material object which may be produced as evidence. (c) the receiving of evidence or affidavits; (d) issuing of any commission for the examination of any matter: or (e} any other matter which may be prescribed; (4) Every proceeding before the Consumer Court ,shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and section 195 and Chapter XX.XV of the Code of Criminal Procedure, 1898 (Act Vof 1898): Provided that the personal presence· of the claimant before the Consumer Court shall not be required till the defendant has put up appearance before it. (5) The Consumer Court shall decide the claim within six months after the service of summons on the respondent Order of 32. If, after the proceedings conductf:d under this Consumer Act, the Consumer Court is satisfied that the products Court. complained against suffer from any of the defects specified in the claim or that any or a!1 of t11e allegations contained in the claim about Hm servic;.e provided are true, it shall issue an order to the defendant directing him to take one ormore of the following action; namely·- a) to remove defect from the products in qtJestion: b) to rep lace the pr oducts w ith new pr oducts des cription which sh all be from any defect; PART-JV TUE SINDU GOVT. GAZEITF, ~:xr. MAR 18. 201S 13' c) to return to claimant the price or, as the case may be, the charges paid by the claimant; d) to do such other things as may be necessary for adequate and proper compliance w ith the requirements of this Act; e) to pay reasonable compensation to the consumer for any loss suffered by him due to the negligence of the defendant; f) to award damage where appropriate; g) to award actual costs including lawyer's fees incurred on the legal proceedings; h) to recall the p roduct from trade or commerce; i) to confiscate or destroy the defective product; j) to remedy the defect in such period as may be deemed fit. or k) to cease to provide the defective or faulty service until it achieves the required standard.

33. (1) Where a manufacturer fails to perform or in any Penalties. way infringes the liabilities provide in sections 4 to 8, 11 , 13, 14, 16, 18 to 22, he shall be punished .with imprisonment which may extend lo two years or with fine which may extend to hundred thousand rupees or with both in addition 1o damages or compensation as may be determined by the Court. • (2) Where a defondant or, the clalmant fails or omits to comply w ith any order made by the Consumer Court, such defendant or the claimant shall be punishable with imprisonment for a term not less than one month which moy extend to three years, or with fhe not less than fitty thousand rupees which m ay extend to two hundred thousand rupees or with both. .!cl3~7:..,___ _ ___JTuTI.uE.._ ' ""Sl""-N'-",De<a!J"'"'IGOVT. GAZETTE RXT. MAR 18. 2015 PART-IV Appeal. 34. Any person aggrieved by any fina l order of Ille Consumer Court may file an appeal in lhe ·Sindh High Court within 30 days Of·.sucH order. ' Finality of 35. Every urder ol the Consumer Cot.Jr:. ,f n0 appeal order. has been preferred against such order under the prov1s1 - on of this Act, shall , become final. • Dismi ssal of 36. Where a d aim •s found to be frivolous or frivolou.s or . vex atious, the Cons\'.Jmer Court " sha I dismiss the ve~atiou s cla,rn and impose nn.e on claims. the cla imant u-pto an amoun~ not exceedlng ten thousand rupees for h,lVing willfully instituted a fa lse elaim ·and sh.:ill award appropriate compensation to the c:h,fH1' dar11 Imm the amount of fine so real rzed. PART-IX MISCELLANEOUS Aid to the 37. All agencies of Government shall act in ,iid uf Consumer U11:3 Co1isumer Court in t'"le performam:e of its ~ourt. functions under -this .A.ct. Immunity. 38. No suit, prosecution or other legal proceedings shall lie against a-ny funcfiona1 y under this i'\ct, ~cting under the •dirnct1an of tlie Consumer Councilor Government for anything' which is in good f<;1ith done pr intended to oc done um.fer this Act. Power to 39. Government may. by notification in the official make rules. G.:izette1 m;ilke rules for carrying out the purposes of this Act. 138 THE SINDII GOVT. C AZETTE EXT. MAR 18. 2015 PART-IV

40. If a11y diffiGulty a nses in giving; o r effect to any o r Power to the provisions o l tliis Act, Government may make r e move such nrrlrn, not inconsistent with the provisions of this diffic ulties . Act, ilS m;;iy c1ppear to 1t to be necessary or expedient fu r removing such difficl:Jlty. BY ORDER OF THE SPEAl.<ER PROVINCIAL ASSEMBLY OF SIN DH G,M,UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY OF SIN0H Kar achi: Printed at the Sin db Government Press 18-3-2015