LHC rules online shopping disputes fall under consumer courts

The Lahore High Court has ruled that disputes arising from online shopping transactions, including non-delivery of goods after full payment and cancellation of orders, fall under consumer courts, according to The Express Tribune and ProPakistani.

Justice Malik Waqar Haider Awan dismissed a constitutional petition filed by Dr Muhammad Ahtisham Qamar. The petitioner had challenged a civil court's decision to return his damages suit, and the dismissal of his appeal by an additional district judge.

The court held that buyers cannot avoid the special forum by describing their compensation claims as general damages, because jurisdiction depends on the cause of action.

The petitioner sought recovery of Rs2,116,480 in refund and damages over an online purchase of two clothing articles worth Rs6,480. He paid the full amount by credit card, but the articles were not delivered within the stipulated period.

The sellers cancelled the order after 17 days, citing the Covid-19 pandemic. The amount was later refunded, but the petitioner sought compensation for alleged mental agony, humiliation and other losses.

The defendants initially denied the online transaction. They later admitted that a booking was made, the stock was unavailable and the amount had been refunded.

The civil court returned the plaint under Order VII Rule 10 of the Code of Civil Procedure and directed the petitioner to approach the forum under the Punjab Consumer Protection Act 2005. The appellate court upheld that decision.

The petitioner's counsel argued that the claim was primarily for general damages arising from mental distress and humiliation caused by the cancellation.