If you pay for goods online and they never arrive, you are still a consumer under Punjab law, the Lahore High Court has ruled. The court held that a person who pays for goods through an online transaction remains a consumer under the Punjab Consumer Protection Act, 2005, even if the goods were never delivered. The ruling clarifies how e-commerce consumer rights apply to online buyers, and it also decides where a damages claim should be heard.
The case behind the ruling
The case was brought by Dr Muhammad Eihtesham Qamar, who bought two clothing articles online from a clothing brand for Rs6,480 and paid by credit card. The brand's website promised delivery within one to five working days. The seller cancelled the order 17 days after the purchase, citing the Covid-19 pandemic.
Dr Qamar sued in a civil court for a refund and damages of over Rs2.1 million, and he also claimed damages for mental agony and humiliation. The seller first denied the transaction, then said the stock had run out and that the amount had been refunded. The civil court returned the plaint so that it could be presented before the competent forum, and an additional district judge dismissed his appeal. He then filed a writ petition, which is a request asking the High Court to review a lower court's decision.
How the judge reasoned
Justice Malik Waqar Haider Awan dismissed the writ petition. Dr Qamar argued that a claim under the 2005 Act is different from a separate claim for general damages, which he said a civil court could hear under Section 9 of the Code of Civil Procedure. He also argued that because the goods were never delivered, he was not a consumer at all.
The judge did not accept the second argument. Under the law, anyone who buys goods after paying, partly paying or promising payment is a buyer, and non-delivery or cancellation does not remove that status. The judge noted that Dr Qamar placed the order and paid in full online, and that the seller admitted both the booking and the refund, which established a consumer-seller relationship.
On the first argument, the judge said that calling the relief general damages cannot give a civil court jurisdiction, meaning the authority to hear the case. Accepting the petitioner's view, he added, would encourage forum shopping, which means choosing a court to get a favourable result, and could favour a seller who has taken full payment but failed to deliver. The judge also separated cases involving only a booking amount from this one.
What happens next
The judge did not comment on the merits of the dispute. The factual questions are left for the consumer court to decide, and the damages suit is to be filed before that forum. For online buyers, the practical message is that e-commerce consumer rights do not end when a seller cancels an order or fails to ship it.
Aasan alfaaz mein
Agar aap ne online saman ki poori qeemat de di hai aur woh nahi pahuncha, to Lahore High Court ke mutabiq Punjab Consumer Protection Act 2005 ke tehat aap ab bhi consumer hain. Adalat ne kaha ke order cancel hone ya saman na milne se ye haq khatam nahi hota. Damages ka case consumer court mein chalega, aur is ka faisla wahin hoga. Ye faisla Punjab ke qanoon par mabni hai, is liye apne sooba ke qanoon ko zaroor dekh lein.
