1. Hafiz Muhammad Imran Saqib S/o Abdul Ghani R/o Police Station Road, Kamoke Gujranwala has filed this complaint against the respondent M/s Taiyyab Petroleum and CNG More Amina Abad G.T Road, Gujranwala through its Manager contending that on 01-12-08 at 04:00pm he got filled the tank of his car with 4.13 liter petrol form the respondent's pump situated at More Amina abad G.T Road, Gujranwala through a receipt No. 10513 issued by respondent. He was charged Rs. 280 at the rate of Rs. 67.75 per liter by the respondent the price of the petrol against the actual price fixed by OGRA Govt. Of Pakistan as Rs. 57.66 per liter. In this way according to the complainant respondent committed as offense under the Punjab Consumer Protection Act, 2005. The respondent was summoned by this court but he refused to receive the process, therefore, he was proceeded exparte vide order dated 24-02-09.
2. Complainant got recorded his statement as PW1 in support of averments of the complaint produced receipt No. 10513 dated 01-12-08 issued by the respondent Exhibit "PC", copy of the legal notice Exhibit "PA", receipt issued by postal office for dispatch "PA/1", receipt of fee paid to counsel Exhibit "PB".
3. Arguments heard record perused.
4. Perusal of oral as well as documentary evidence led by the complainant proves that on 01-12-08 he purchased petrol from the respondent measuring 4.12 liters and he was charged Rs. 280 at the rate of Rs. 67.75 per liter as evident from Exhibit "PC" whereas as per complainant's version the official rate fixed by OGRA was Rs. 57.66 per liter. In this way respondents over charged Rs. 41.58.
5. I have given my anxious consideration to the act of overcharging the price of the petrol by respondent and has not be enable to find out the provision of the Punjab Consumer Protection Act, 2005 which has been violated by the respondent. This may come within the preview of price control act but does not fall in any way in the jurisdiction of Consumer Court. It is also not the case of the deficiency in service. The case is not made out from the evidence against the respondent invoking jurisdiction of the Consumer Court. The complaint is therefore, dismissed. File be consigned to the record room after its due completion.