1. Briefly, on assurance of the defendant that the process on the application of the claimants for performance of Umra would be quickly competed, the claimants deposited the cash amount Rs.
125000/- along with passports, identity cards and snaps with the defendant who gave them the date 27.06.2009, for traveling to Saudi Arabia for perform the Umra. On 25.06.2008, the defendant confirmed the date 27.06.2008, for traveling from Allama Iqbal International Air Port Lahore at 11.00 AM. In view of such assurance of the defendant, the claimants arranged departure lunch (Khatam) on 26.06.2008, in the honour of their relatives/friends incurring expenses of Rs. 15000/-. The claimants also arranged a commuter van for traveling from Faisalabad to Lahore and paid Rs.
5300/- in this connection however, in the evening of 26.06.2008, the defendant disclosed to the claimants to their astonishment that their papers are still with Embassy and that it was not possible to hand over their visas for Umra. Such said news cause lot of metal agony and embarrassment to the claimants, with the financial loss under such circumstance after delivery of legal notice to the defendant through TCS, the claimants were left with no option but to lodge this claim for a recovery of an amount Rs. 244800/- as expenses incurred/Khatam/lunch, the amount of traveling from Faisalabad to Lahore, counsel fee and compensation for mental torture.
2. The defendant has opposed the above said claim by filing his written statements of defence, inter aria, on the ground that the visas could not be issued in favour of the claimants as license of Al-Huda International was blocked by Ministry of Religious Affairs that hence, the claimant's documents had also been retained by the Embassy of the Kingdom of Saudi Arabia.
3. As this claim needed evidence being complicated nature to dig out its truth or false, the claimant Abdul Sattar has got recorded his statement to deposed his affidavit as EX-PW1/1. In his documentary evidence the claimants have tendered, visiting card of Travel One Agency as Mark"A", copy of legal notice dated 11.12.2008 as Mark "B", TCS postal receipt as Mark "C",
4. Rana Qasim Khan Chief Executive/Proprietor of Travel One Agency appeared as DW-1.
5. Arguments heard. Record perused.
6. Abdul Sattar the claimant has fully supported the version of his claim through his affidavit as EX- PW1/1, showing that the defendant received and amount of Rs. 125000/- to him for getting prepared visas in favour of the claimants to performance of Umra for 27.06.2008, but that he refused to deliver such documents to the claimants in the nick of time despite that the claimants incurred heavy expenses from their pocket to arrange dinner for their relatives/friends and to travel from Faisalabad to Lahore in a van and to refusal of the defendant was shocking for the claimants.
7. In rebuttal, Rana Qasim Khan Chief Executive/Proprietor of Travel One Agency DW-1 has stated in cross examination is that he is not authorized agent of Saudi Government for sending people to Saudi Arabia to perform the Umra, that he got issued that tickets in favour of the claimants from Prince Travel Agency and not from the Travel One Agency and that he is not recognized agent of IATA that therefore he is not authorized to issue the Air Tickets.
8. From the above said scenario, the deceptive acts of the defendant in view of his own admission, caused the imbursement and mental agony to the claimants but they have also to bear expenses on the dinner arrange for relative/friends and wagon fare they had also to paid and they had unduly being drag in the litigation, accordingly, the claimants are entitled to recover Rs. 10000/- as Khatam Sharif, as wagon fare Rs. 5000/-, counsel fee Rs. 5000/- and damages Rs. 10000/- total amount of Rs. 30000/- from the defendant the loss suffered by him due to the negligence of the defendants u/s 31(2) of the Punjab Consumer Protection Act, 2005, incurred u/s 31 (F) ibid the total amount of Rs. 30000/- the defendant shall pay the amount to the claimant within the thirty days otherwise he shall be delt u/s 32 (2) of the Punjab Consumer Protection Act, 2005, the defendant shall also return the passports and snaps of the claimants within the above said prescribed period.
File be consigned to the record room after its due completion.