1. The claim in hand was made by the claimant for recovery of loss, damages and compensation of Rs.2,58,000/- that he approached the defendants for the purchase of Suzuki Car VX - CNG and paid Rs.25,000/- on 28.07.2007 as advance as the defendants claimed themselves to be authorized dealer of Suzuki Motors Company and delivery of the car was promised for 30.07.2007 but did not deliver the same for a period of about one month and later on demanded the price as per market value with freight and own rate and at the refusal of the claimant, he was misbehaved which caused a heavy loss to the business of the claimant and also mental agony and disturbance.
2. The claim was hotly contested by the defendants that claimant has made false claim before this court and that an advance of Rs.25,000/- was paid by the claimant after selecting the vehicle at the spot and remaining amount was to be paid within two days and the claimant failed to pay the balanced amount and remained promising to pay the amount in cash or through Bank Pay Order.
The defendants are running their business fairly and honestly and the claimant did not suffer any loss.
3. The defendants extended an offer for pre-trial settlement in writing that they were even ready to deliver the car as per settled price but this offer was not accepted by the claimant that he was not in need of car as he had already purchased the same, so the same were deemed to be failed and parties were directed to produce their evidence.
4. The claimant himself appeared as Pw1and examined Tariq Rasheed as Pw2 with their respective affidavits as Ex-Pw1/1, ExPw2/1 and receipt dated 28.07.2007 as Ex-P1, receipt of courier (TCS) Ex-P2 and copy of legal notice as Ex-P3.
5. In rebuttal, Rana Noshaad Ahmad Khan, defendant No.1 and Zahid Saleem, defendant No.2 appeared as Dw-1 and Dw-2 along with their affidavits as Dw-1/1, Dw-2/1 and produced the receipts as Mark-A, Mark-B, Mark-C and Mark-D in respect of their business transaction.
6. The scanning of evidence of the claimant and of the defendants reveals that the transaction of booking of Suzuki car by the claimant with the defendants is an admitted fact and there is complete divergence of plea / version of both the parties regarding the mode of payment of the remaining amount and the delivery of Suzuki Car. The claimant alleged that the delivery was to be arranged of the car to the claimant by the defendants which was not done, despite the lapse of period of one month but the defendants contend that the Suzuki Car was present in their show room and was selected by the claimant and the delivery remained pending as the claimant was to arrange the payment of balance amount through cash or Bank Pay Order which was to be arranged through one Mr. Touqeer Ali, Sales Officer of Standard Chartered Bank, Faisalabad and the same was not got done by the concerned Bank and for that the claimant also sent a legal notice to said Mr. Touqeer for not getting prepared Pay Order and the legal notice was sent by the claimant which was erroneously tendered by the claimant in evidence as Ex-P3 instead of the legal notice sent to the defendants.
7. In view of the above situation, the claimant has failed to prove his entitlement to get any costs, damages and compensation from the defendants except the return of advance amount of Rs.25,000/- which was paid to the claimant by the order of this court dated 24.12.2007. However, the defendants also could not succeed to get the damages as the claim of the claimant, though could not be proved, but was not false and had some basis to be filed. The defendants who are running a regular business at the name of N.N Motors situated P-39, Hockey Stadium, Susan Road, Madina Town, Faisalabad should also reduce into writing the terms and conditions in respect of different vehicles for which they are dealing with. The claim is accordingly decided in terms of mentioned above. Parties to bear their own costs. File be consigned.