1. CLAIM FOR RECOVERY OF DAMAGES /COMPENSATION Rs.100,000/- U/S.13 OF PUNJAB CONSUMER PROTECTION ACT,2005. Briefly, the claimant Abdul-Ghaffar purchased three bottles of beverages of Pepsi Cola, trade mark from New Umair Bismillah Paan Shop, St. No.7, Masood Abad, Faisalabad on 27.04.2008. When the claimant checked Pepsi Cola bottles in his home, he found a pipe / straw in one of these which disclosed that the Pepsi Cola liquor was filled in the bottles unhygienically and if used the same might have caused indigenous disease of stomach. Under such circumstance, the claimant has demanded an amount of Rs.100,000/- for carelessness of the defendant and also mental torture to him, as damages.
2. The defendant no.4, Shafi Muhammad, owner of New Umair Bismillah Paan Shop, St. No.7, Masood Abad, Faisalabad has contested this claim by filing his written statement with the contention that he has supplied the Pepsi Cola bottles to the claimant as provided to him by Pepsi International company, Ltd that therefore this company is responsible for such supply.
3. The defendants No.1 to 3 have also submitted written statements contesting the claim on the grounds that the unhygienic Pepsi Cola bottles containing straw are not the property of these defendants but that the unhygienic liquor might have been filled in the Pepsi Cola bottles on re- crowning, so as to damage International repute of the Pepsi Cola products.
4. On 07.06.2008 Mr. Tallish Umar Choudhary, Advocate was appointed as local commissioner with the direction to visit the spot in the presence of the parties and report to reference and the process work done in the factory of the defendants No.1 to 3.
5. Mr. Tallish Umar Choudhary submitted his report on 09.06.2008. In view of said report, the court came to the conclusion that version of the defendants No.1 to 3 stood proved and as there was no material for proceeding further against them, hence they were exonerated from the proceedings of the court. Again, after submission of detailed written reply of the defendant No.4, the case was fixed for arguments for 16.08.2008.
6. From the above said scenario, it is up to my entire satisfaction, that there is no need to record the evidence of either parties. The matter of dirty supply of bottles rested upon the shoulders of defendant No.4. However, the claimant has not only to prove that the defendant No.4 owes him the duty of the case and has breached his duty but also that he caused the plaintiff a loss. In this case, although the plaintiff's legal right has been infringed, he has suffered no actual damages, therefore, I am fortified in my opinion that plaintiff / claimant may be awarded trifling amount as such damages are awarded morally if not legally for what the defendant No.4 did to the plaintiff. In this regard, it would not be out of place to refer the section 15 of Punjab Consumer Protection Act, 2005 showing that where the consumer has not suffered any damages, the service provider shall not be liable for any damages except a return of consideration or a part there of and cost.
7. The upshot of above whole discussion is that as the claimant / consumer has not suffered any damages from the supply of unhygienic Pepsi Cola bottles to him, therefore, his grievances are hereby redressed in the following terms:
1. The defendant No.4 shall provide three beverages bottles of Pepsi Cola of the same size to the plaintiff / consumer;
2. The defendant No.4 shall also pay Rs.2000/- to the plaintiff / consumer as costs.
8. The defendant No.4 shall do the needful in the compliance of above said direction for redressal of consumer's grievance within the period of fifteen days otherwise he shall be dealt with U/S.32 of the Punjab Consumer Protection Act, 2005. File be consigned.