STRENGTHENING ACCESS TO CONSUMER JUSTICE IN PAKISTAN, THE CASE FOR INCORPORATING MEDIATION WITHIN THE CONSUMER PROTECTION FRAME WORK

Abstract

The Consumer Protection Act, 2005 was made to help people get quick and low-cost justice when they face problems as consumers. It provides consumers the right to recover their losses and claim damages from the defendant for providing defective services or products. The law ensures that consumers are protected from unfair trade practices and fraudulent business conduct. Consumers may file a complaint in the Consumer Court to enforce their rights and obtain redressed for any harm suffered. Although consumer courts exist in Pakistan, many cases still take a long time and are complicated. There are 302 fresh cases are filed before the Consumer Court Lahore In 2024 and 1436 cases are pending before the Consumer Court Lahore. The case trial process is very long, and it takes a lot of time to resolve their issues. Consumer Courts in Pakistan have received cases involving minor issues, including claims related to defective shoes, bulbs, fans etc. and other low-value goods and services. These matters could have been resolved through mediation, but due to the absence of a formal mediation process, consumers often resort to litigation. This research suggests that both parties in a consumer dispute should first try to resolve the issue through mediation. The Consumer Court should refer the cases to ADR at settlement stage. This step should be made compulsory by law. By studying how other countries i.e India and United Nations Guidelines deal with such disputes and analyzing Pakistan’s current legal system, the research provides suggestions on how to introduce mediation in Punjab Consumer Protection Courts. It shows that making mediation mandatory can reduce the number of consumer cases, provide faster justice, and improve public satisfaction. The research also presents a clear plan for these changes, considering Pakistan’s legal and social realities.