1. Briefly, the claimant Mst. Tarranum Mehmood widow booked some Gift Items within M/s. Anex International Courier Service, situated at 700/B, Peoples Colony, Faisalabad to deliver the same to Miss Shaheen, 26-Wriiggles Worhy Street, New Cross Road, Lesisham, London. The parcel is alleged to have contained Five Pieces Gents Suit (Ready Made), Six Pieces Ladies Suit Fancy, One Piece Baby Suit, Six Pairs of Fancy Ladies Shoes, Two Pieces Ponies, Two Pieces Clips, Two Ear Rings, Two Locket Sets, Six Pieces Bangles Set, Three Greeting Cards etc. However, the said parcel did not reach its destination after a lapse of a period of two months causing monitory loss and mental tension to the claimant. Under such circumstance, the claimant has lodged this claim for recovery of an amount Rs.60,000/- as actual price of booked articles as well as 500,000/- as compensation / damages U/S. 13 and 25 of the Punjab Consumer Protection Act, 2005.
2. Akhtar Ali, Regional Manager of the defendant's company is present in person in the court and he has submitted his written statement. He has stated separately in vernacular that the claimant got booked the above said parcel containing the said articles through the Anex company for sending the same to Miss Shaheen on the above said address at London on 08.09.2008 and its receipt was issued in favour of the claimant. He further elaborated that he has made strenuous efforts for tracing out the parcel but the same could not be found out any where and that it is impossible now to search out such parcel. The claimant has stated that the value of the articles sent in the parcel through the Anex Courier Company was Rs.60,000/- and she has also claimed damages.
3. From the above said above said scenario, it has been established to my entire satisfaction that
(a) The claimant is the "consumer" V/S.2(c) of the Punjab Consumer Protection Act, 2005 as she has hired services of the Anex Courier Company for consideration;
(b) The defendant is the "service provider" as he has rendered the claimant a service for delivery of goods from Pakistan to London on receiving fare;
(c) Admittedly, the booked parcel in the office of the defendant did not reach its destination at London and there is no chance of its tracing out, hence, the service provided is faulty and defective V/S.13 of the Punjab Consumer Protection Act, 2005.
4. From the recitals in the pleadings, the statements of the parties, the facts readily available and ascertainable without recording evidence, it is clear that the defendant is responsible for providing to the consumer / claimant faulty and defective services the phenomena of "the faulty and defective service" in the "Act" having widest amplitude pertaining to services for the purposes of this statute as this definition is couched in the widest horizon of there being any fault, imperfection or short coming casting its net so wide so to bring it with its import any deviation from the requirements spelled out in the definition, hence, such definition is intended by the legislature to be cast in the widest terms and consequently has to be construed in this case.
5. Under the above referred circumstance, it has been established to my entire satisfaction that the defendant has provided faulty services to the claimant causing her monitory loss as well as mental tension and agony. Accordingly, her case is covered U/S. 15 of the Punjab Consumer Protection Act, 2005 hereby reproduced for ready reference:- "Where the consumer has not suffered any damages from the provision of the service except lack of benefit, the service provider shall not be liable for any damages except a return of the consideration or a part thereof and the costs".
6. For what has been discussed above, the claim of the claimant is hereby accepted the claimant is entitled to get the return of consideration Rs.60,000/- as the actual price of the articles contained in the parcel as well as Rs.20,000/- as costs under the above said provision of law. The claim is dispose of accordingly. 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.