1. succinctly, the facts of this case are that the defendant convinced and inclined the claimant that if he would provide him an amount of Rs.8,000/- per month on becoming "committee" member, he would be handed over total amount of Rs.240,000/- after completion of 30(thirty) such "committees". The defendant continued to receive Rs.8,000/- per month fraudulently and collusively from the claimant for providing him the required services, however, when claimant demanded his paid amount, he refused to do so rather gave him threats of dire consequences.
Under such circumstances the claimant has brought this claim for recovery of an amount of Rs.373,000/- for his mental and physical loss, counsel fee and recovery of actual amount of Rs.240,000/-
2. The defendant vehemently opposed the claimant by filing his written statement wherein he totally denied that he has to pay any amount to the claimant.
3. In view of divergent pleadings of the parties as the matter needed evidence here the claimant Abdul-Latif Alvi appeared as PW-1 in corroboration of his version whereas he tendered his affidavit EX.PW-1/1 and he also got examined one, Tariq Mehmood who submitted his affidavit EX.PW-2/1. In his documentary evidence the claimant has tendered a copy of legal notice as Ex.P-1 and postal receipt as Ex.P-2. In rebuttal, defendant Muhammad Javaid Iqbal got recorded his statement as DW-1. In his such statement, the defendant has adduced an affidavit Ex.DW-1/1, Cheque No.665028 dated 30.01.2007 as Ex.D-1, Dishonor slip dated 24.02.2007 as Ex.D-2, slip as Ex.D-3 dated 23.02.2007, slip as Ex.D-4 dated 01.02.2007. The defendant also produced Sayyed Zawar Hussain Shah S/o Sayyed Abid Hussain Shah as DW-2 and Abid Hussain S/o Dolat Ali as DW-3 who have submitted their affidavits as Ex.DW-2/1 and Ex.DW-3/1, respectively.
4. Heard the arguments, record perused.
5. On 13.09.2008, during arguments the claimant Abdul-Latif Alvi made an offer for the defendant that if he would take special oath on Holy Quran that he had paid total amount of Rs.240,000/- his claim might be dismissed, otherwise, the same be accepted. Such offer was made to Muhammad Javaid Iqbal present in the court. Muhammad Javaid Iqbal stated on special oath on Holy Quran he has paid total amount of the "committee" to the claimant Abdul-Latif Alvi through Sayyed Zawar Hussain Shah but that he did not pay the said amount directly to the claimant. Under such circumstances, both the parties agreed for summoning the alleged mediator for passing of the money from Muhammad Javaid Iqbal, defendant to the claimant Abdul-Latif Alvi. For such clarification of payment of the amount Sayyed Zawar Hussain Shah S/o Sayyed Abid Hussain Shah has appeared as CW-1 who stated on oath that the defendant Muhammad Javaid Iqbal never paid to him the amount of Rs.240,000/- for its further delivery to the claimant Abdul-Latif Alvi.
6. From the above said evidence and circumstance, it is crystal clear that the defendant has not only acquiesced the jurisdiction of this court but he also admitted the providing of faulty service to the claimant as he totally refused to pay back the received amount Rs.240,000/- to the claimant.
Hence, the claim as brought by the claimant Abdul-Latif Alvi against the defendant Muhammad Javaid Iqbal stands established and proved through the defendant's own statement. Accordingly, the claimant is held entitled to recover an amount of Rs.240,000/- as the factual paid amount, Rs.20,000/- as compensation and an amount of Rs.10,000/- as counsel fee from the defendant, i.e. Total amount of Rs.270,000/-. The defendant shall pay the above said amount to the claimant within a period of thirty days, otherwise, he shall be dealt with U/S.32 (2) of the Punjab Consumer Protection Act, 2005. With these observations file be consigned to the record room after its due completion.