# He won a refund of Rs. 10.49 lakh. Then the Supreme Court threw the whole claim out. > Under the Punjab Consumer Protection Act you must send a written notice before you go to the Consumer Court. In 2023 the Supreme Court dismissed a car buyer's claim: his notices and his claim never named a specific defect, and he filed too late, because the 30 days start when you learn of the defect. - Topic: Consumer rights - Court: Supreme Court of Pakistan - Citation: PLD 2023 SC 482 - Watch: https://failegal.site/media/notice (video https://failegal.site/media/notice/reel.mp4, 0:48) - Published by FAI Legal on 2026-10-10 When a new car, a fridge or a washing machine turns out faulty, the usual first step is a legal notice. Many buyers think any notice will do, and that they can take their time. This matters to every consumer in Punjab with a faulty product or service, and to the lawyers and businesses who draft and answer these notices. ## Key points - Section 28(1) of the Punjab Consumer Protection Act 2005: a consumer who has suffered damage must, by written notice, call on the manufacturer or service provider to remedy the defect or pay damages. Under s.28(2) they must reply within fifteen days. - Section 28(3): no claim shall be entertained unless that notice was given and was duly delivered. Section 28(4): the claim must be filed within thirty days of the arising of the cause of action. - The Supreme Court in PLD 2023 SC 482: the thirty days start when the consumer learns of the defect, and the notice and its fifteen days must fit inside them. - The same judgment: the buyer's notices and claim made no mention of any specific defect, and evidence cannot be led on a plea that is not in the pleadings. ## The rule in one line The day you learn of the defect, the clock starts: thirty days to get to the Consumer Court. Inside those days, send a written notice that says exactly what is wrong, to the manufacturer and the seller, and give them fifteen days to reply. If you are late, ask the court for more time and show sufficient cause. ## What happened in this case A buyer bought a Suzuki Swift (model 2010) through a car dealer for Rs. 1,049,000. It was delivered on 15 May 2010. He sent legal notices to the manufacturer and the dealer on 10 August 2010 and filed a claim in the District Consumer Court, Lahore, on 22 September 2010 (paragraph 1). On 19 February 2014 the Consumer Court ordered a refund of Rs. 1,049,000 plus Rs. 50,000 in compensation and costs, within thirty days, with Rs. 1,000 a day after that. The Lahore High Court dismissed the manufacturer's appeal on 20 February 2017 (paragraph 1). The defects he relied on, a badly fitted hatch box, a repainted stereo and the car's alignment, appeared for the first time in his evidence affidavit (paragraph 2). ## What the Supreme Court said A bench of Justice Syed Mansoor Ali Shah and Justice Syed Hasan Azhar Rizvi allowed the manufacturer's appeal on 23 May 2023 and dismissed the claim. Pleadings: the claim did not make any specific mention of the defects, and "Even the legal notices sent by respondent No.1 make no mention of any specific defects." Evidence must match the pleadings, so the defects in his affidavit could not be considered. He also admitted in cross-examination that he had not described them in his claim (paragraph 4). Proof: no expert evidence was led or called for under section 30(1)(c), though at least two of the defects needed expert inspection (paragraph 5). The dealer's witness had no authority to speak for the dealer, the dealer was not the manufacturer's dealer, and one defendant's admission does not bind another (paragraph 6). Time: the Court settled conflicting Lahore High Court rulings. The thirty days under section 28(4) start when the consumer learns of the defect; the notice and its fifteen days fall inside them; the notice does not give a fresh cause of action (paragraphs 7 to 11). He knew of the hatch box defect on 17 May 2010 but sent his notice almost three months later and never asked for more time, so the claim was also time barred (paragraph 12). ## What FAI Draft did with this On 7 October 2026 we asked FAI Legal's Draft for a section 28 notice on sample facts with sample names: a washing machine that stopped working within a week. The draft was addressed to both the manufacturer and the dealer and asked for a reply within fifteen days, as section 28(2) requires. Where the defect had to be described, it left a marked blank and said that PLD 2023 SC 482 requires a precise description, and it stated the thirty day rule from that judgment. It did not make up a defect. Every draft should still be settled by a lawyer before it is sent. ## The case at a glance - **Facts:** A car bought for Rs. 1,049,000 and delivered on 15 May 2010. Notices sent 10 August 2010; claim filed 22 September 2010. The Consumer Court ordered a refund plus Rs. 50,000 on 19 February 2014; the Lahore High Court upheld it on 20 February 2017. The specific defects appeared first in the buyer's evidence affidavit. - **The question:** Whether defects not pleaded could be relied on, whether the defects were proved, and when the thirty days under section 28(4) begin. - **What the Court held:** Appeal allowed and the claim dismissed. The defects were outside the pleadings and not proved, and the claim was time barred. - **Why:** Evidence must be in line with the pleadings. Technical defects need expert evidence. The thirty days run from knowledge of the defect, with the section 28(1) notice and its fifteen days inside them; otherwise section 28(4) would be redundant. - **Limits:** This is Punjab law. A consumer who is late can still ask the Consumer Court to allow a claim after thirty days by showing sufficient cause, within the limits in the provisos to section 28(4). The judgment does not say every notice must be technical, but it must name the defect. ## In the Court’s words > "Therefore, when the consumer obtains knowledge of the defect or fault in the product or the service, the 30-day limitation period stipulated under Section 28(4) of the Act commences." (PLD 2023 SC 482, para 11) ## The law it relies on - **Punjab Consumer Protection Act, 2005, s.28:** "(2) The manufacturer or service provider shall, within fifteen days of the receipt 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 provides proof that the notice was duly delivered but the manufacturer or service provider has not responded thereto." "(4) A claim by the consumer or the Authority shall be filed within thirty days of the arising of the cause of action", with provisos allowing a later claim for sufficient cause. ## What this does not mean - It does not mean a late claim is always lost. The provisos to section 28(4) let the Consumer Court allow a claim after thirty days for sufficient cause, within outer limits. - It does not mean the dealer's word binds the manufacturer. Here the dealer was not the manufacturer's dealer, and one defendant's admission does not bind another. - It does not mean FAI Draft replaces a lawyer. It leaves blanks for facts only you know, and every draft should be checked before it is sent. ## Questions people ask ### When do the 30 days for a consumer claim start? From when you learn of the defect, according to the Supreme Court in PLD 2023 SC 482. Your section 28(1) notice and the fifteen days for a reply must fit inside those thirty days. ### What must my legal notice say? It must call on the manufacturer or service provider to remedy the defect or pay damages (s.28(1)). In PLD 2023 SC 482 the claim failed partly because the notices and claim did not name any specific defect. Describe exactly what is wrong. ### Who should the notice go to? Section 28(1) names the manufacturer or provider of services. In the case, notices went to the manufacturer and the dealer. Ask your lawyer who must be named on your facts. ## Sources - Messrs Pak Suzuki Motors Company Limited v. Faisal Jameel Butt and another, PLD 2023 SC 482, Supreme Court of Pakistan, 23 May 2023, paras 1, 2, 4, 5, 6, 7, 11, 12, 13. Defects not mentioned in the notices or the claim cannot be proved by affidavit; the 30 days under s.28(4) run from knowledge of the defect; claim dismissed. (verified against full text) (official text: https://www.supremecourt.gov.pk/downloads_judgements/c.a._797_2017.pdf) - Punjab Consumer Protection Act, 2005, s.28 (text checked in FAI Statute Search) (official text: https://punjabcode.punjab.gov.pk/en/show_article/VGFXY1BhVGw-) ## What the reel says A car buyer won a refund of Rs. 10.49 lakh in the Consumer Court, and the High Court upheld it. Then the Supreme Court dismissed the whole claim. One reason: neither his legal notices nor his claim named any specific defect. The defects first appeared in his evidence affidavit, outside his pleadings. The Supreme Court also said: the 30 days of s.28(4) start when you learn of the defect. Inside them, send the s.28(1) written notice and give 15 days to reply. (PLD 2023 SC 482) We asked FAI Legal's Draft for a s.28 notice on sample facts: addressed to the manufacturer and the dealer, reply within 15 days. Where the defect goes, it left a blank and said why the Supreme Court wants it. It never invents your facts. --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Reading this page does not create a lawyer and client relationship. Review status: Pending advocate review. English: https://failegal.site/media/notice · Urdu: https://failegal.site/media/ur/notice FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.