Online shopping disputes fall under consumer courts: LHC

Justice Malik Waqar Haider Awan made these observations while dismissing a constitutional petition filed by Dr Muhammad Ahtisham Qamar, who had challenged a civil court's decision to return his damages suit and the subsequent dismissal of his appeal by an additional district judge.

The petitioner had sought recovery of Rs2,116,480 in refund and damages over an online purchase of two clothing articles worth Rs6,480., he had paid the full amount through his credit card, but the articles were not delivered within the stipulated period. Instead, the sellers cancelled the order after 17 days, citing the Covid-19 pandemic.

Although the amount was subsequently refunded, he sought compensation for alleged mental agony, humiliation and other losses. The defendants initially denied the online transaction but later admitted that a booking had been made, the stock was unavailable and the amount received had been refunded.

The civil court returned the plaint under Order VII Rule 10 of the Code of Civil Procedure, directing the petitioner to approach the competent forum under the Punjab Consumer Protection Act 2005. The appellate court upheld the decision, prompting him to move the high court.

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