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Asghar Kamaal But vs Royal Bank of Scotland Faisalabad etc.

CourtDistrict Consumer Court
Case No.442/DCC-2009
Date2009-03-18
Judge(s)Muhammad Kaleem Sheikh
ResultN/A

1. The claimant Asghar Kamal But as lodged this claim with the request that the defendants be issued direction to unblocked his credit card No. 5254-5206-5342-5628 reversal of annual fee charges, late fee charges, over limit charges, financial charges, federal excise duty etc and to pay compensation/damages Rs. 5 lakhs due to mental charges caused to the claimant for the reason that they have blocked the credit card, levied illegal charges from his and misbehavior him that therefore their services and faulty and defective service. As the claim was prima facie maintainable in pursuance of the repot of the Registrar of this court and it was also within the prescribed time limit, there being no existing system of redress nor the recovery suit for such individual claims, the defendants were summoned to face trial in this claim. On 04.02.2009, as the defendants were served properly and Rana M. Sadiq Advocate was present for them but they were summoned in person during preliminary arguments for 13.02.2009. On 13.02.2009, Rana Azhar Advocate 156-District Courts Faisalabad appear for the defendants as he submitted memo of appearance for them with the request for adjourned to file the wakalatnama as well as written statement when the case was adjourned on his request for 24.02.2009, non appearance for the defendants therefore, they were proceeded against ex-parte.

2. On 06.03.2009, the claimant Asghar Kamal But as appear as his own witness as PW-1 through his affidavit EX-PW1/1 and he also submitted credit card statement as Mark "A", in his ex-parte evidence.

3. Heard the argument, record perused.

4. From the statement of claimant as PW-1 read with his affidavit EX-PW1/1 and the credit card statement as Mark "A" in the absence of any evidence in rebuttal, the claimant's version stands prove as the defendants have not dared to appear even to contest such version. Accordingly, the defendants shall now direction of aments of annual fee, late fee charges, over limit charges, financial charges, federal and excise duty should be reversed and they shall also pay compensation of Rs. 5000/- to claimant plus Rs. 5000/- as legal expenses total amount Rs. 10000/- this order shall be complies within a period of 30 days otherwise they shall be dealt with u/s 32 (2) of the Punjab Consumer Protection Act, 2005. File be consigned to the record room after its due completion.

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