Dear Sarjeel,

This is pursuant to your email dated 12-11-2016 on the following subject:

"We solicit your opinion on the question whether consumer courts have jurisdiction to hear and decide
complaints by people in respect of their grievances from banks and whether the same can be challenged
through a writ petition."

Three points must be noted about the Punjab Consumer Protection Act 2005 (Act 2005) and
the Financial Institutions (Recovery of Finances) Ordinance 2001 (Ordinance 2001)

ACT 2005

i. It does not vest the Consumer Court with exclusive jurisdiction.(section 3)

ii. There is no non-obstante clause in the Act 2005

iii. Act 2005 is a Provincial law (see Art 143 Constitution)

ORDINANCE 2001

i. Non-Obstante clause present (section 4)

ii. Exclusive jurisdiction of the Banking Court regarding its subject matter (section 7
clause 4)

iii. It’s a federal law (see Art 143 Constitution

See on above points

2016 CLD 168

2016 CLD 1546

THE REMEDY WOULD BE WRIT PETITION

PLD 2015 Lahore 140