Section 13A(1) in The Hoarding and Profiteering Prevention Ordinance, 2000
(1)Where any person has been convicted of the offence specified in sub-section (1) of section 6, then-(a)if the prosecution was in respect of a sale, the buyer at that sale, and(b)if the prosecution was in respect of a sale or an offer to sell, or a disposal otherwise than by sale, the buyer under any sale of similar articles effected at the same or a higher price in the course of that business in contravention of the provisions of sub-section (1) of section 6,before the date of the conviction may at his option-(i)either treat the sale as void, and recover from the seller, as money received by him for the use of the buyer, any amount paid by the buyer as consideration therefor; or(ii)affirm the sale but recover as aforesaid to the extent of any loss sustained by him by reason of the contravention, regard being had to any consideration received or to be received by him for a resale of the articles :Provided that the buyer shall not be entitled to exercise the right conferred by clause (i), if any rights acquired by a third party would be prejudicial thereby, or after the lapse of any unreasonable time from the date of the sale, or unless he tenders the articles to the seller in substantially the same state as that in which they were when the property passed to the buyer.
