The complainant has filed a complaint against the respondent under the Punjab Consumer Protection Act, 2005. Precisely the facts as narrated in petition are being on agriculturalist complainant has planned to purchase a Tractor for only agriculture purposes and on 28.05.2008 he went to the respondent, who was authorized dealer of M/S Millat Tractor Limited, Lahore at Sargodha. The respondent has offered his services to provide the Tractor Massey Ferguson 240 Model 2008, in consideration of Rs, 406000/-. The complainant has accepted the offer of services and paid Rs, 10000/- in advance as earnest money in the presence of witnesses vide receipt dated 28.05.2008. Petitioner went in respondent's office for payment of remaining amount on same day at 5:00 PM because the remaining amount has to be paid at the time of delivery of Tractor. The respondent has not performed his services to deliver the Tractor as per terms and conditions settled between the parties and demanded extra amount for his services. The complainant has again approached to respondent on 29.05.2008 and demanded said Tractor but respondent repeated his demand for extra amount and finally refused to deliver the Tractor in question.
Thereafter the complainant sent a legal notice to the respondent through TCS on 02.06.2008 which was not responded to.
2 The respondent put the appearance before the court through his counsel and filed his written statement on 20.08.2008. On the said date parties seek adjournment for compromise, therefore, case was adjourned on 25.08.2008 for compromise and further proceedings. On said date RizwanUllah, Manager Pakistan Tractor House (respondent) and counsel for respondent got recorded their statement which are as under:-
3. As per above statement respondent was willing to deliver the Tractor in question in lieu of Rs, 396000/- as has already received Rs, 10000/- as earnest money. At the request of the parties case was again adjourned for payment of remaining amount and arguments.
4. Arguments heard. The learned counsel for the respondent has argued that the respondent is still ready to deliver the Tractor subject to payment of remaining amount i.e. Rs, 396000/- and matter was delayed due to non payment of price of Tractor by the complainant. On the other hand counsel for the complainant has pleaded that petitioner is also ready to pay remaining amount and he is entitled to get Tractor along with relevant papers but due to act of the respondent and delay on his part damages be also awarded to the petitioner s prayed for.
5. As for as damages are concern Section 15 of Punjab Consumer Protection Act, 2005 is relevant which provides that "Where the consumer has not suffered any damages from the provision of service except lack of benefit, the service shall not be liable for any damages except a return of the consideration or a part thereof and the costs."
In the matter in hand at the very out set respondent was willing to deliver the Tractor to the petitioner as per price of Tractor settled between the parties and respondent is ready to do so. In said circumstances petitioner has not suffered any damages from the provision of services by respondent. In peculiar circumstances no malafide seems on the part of respondent. Therefore, the petitioner is not entitled for any damages.
6. In view of above statement and circumstances the respondent is ordered to deliver Tractor Massy Ferguson 240 Model 2008 subject to payment of remaining amount i.e. Rs, 396000/-. The complainant is directed to pay remaining amount within ten days (10) from today. If complainant has failed to pay the said amount within specific time the complaint deemed to be dismissed and respondent will return earnest money i.e. Rs, 10000/- to complainant. Complaint is disposed off. File be consigned after due completion.