The complainant filed the instant complaint against the respondent stating that he a practicing lawyer at Gujranwala while respondent is running petrol pump and CNG Station at Pindi Bypass Near Income Tax Office G.T Road, Gujranwala and displayed the board on which assurance was given regarding quality, full pressure, cold and standard gas but on the spot it was totally reserve and respondent provided defective and substandard services which was against section 11&13 of Punjab Consumer Protection Act, 2005 read with section 14(2) of act ibid. He further stated he used to get his vehicle filled every second day and on 06-11-09 he allured by the discount rate displayed by the respondent and got his vehicle LEB-2669 filled with gas and the meter showed reading as 7.20Kg and the employee of the respondent gave him bill of Rs.296 while according to the discount rate of 26% the amount become Rs.259 and asked the employee to the respondent to make it necessary correction in the bill but he did not do so and instead of making correction the bill, he abused him in the presence of other customer and as such he suffered mental torture and physical discomfort and also disrespect among the person present there. In addition to this he also stated that the respondent is duty bound to disclose under section 22 of Punjab Consumer Protection Act, 2005 and he also committed fraud by displaying discount rate and also violated the provision of section 18 & 20 of Act ibid as it come in the provision of bait advertisement. On the next day when he was going to his office from his home and was crossing Ghakhar near Oil Factory then the vehicle stopped working and there was no CNG Station and workshop and there after he summoned mechanic from Ghakhar through telephonic message and due to defective substandard gas his car stopped working which caused him a serious mental torture and agony and he had to reach the Court in time for an important meeting with a new client and he had received the fee and due to this mishap he could not reach the Court in time and as such the respondent also was liable under section 21 of Punjab Consumer Protection Act, 2005. On 07-11-09 he sent a legal notice to the respondent but he did not reply to it. He claimed Rs.579000/- under different heads from the respondent.
2. The respondent submitted written reply of complaint where in he raised preliminary objections regarding maintainability, malafide, cause of action, limitations. Rest of paras were denied and prayed for the dismissal of complaint.
3. After the failure of pretrial reconciliation proceeding my learned Predecessor fixed the case for evidence of complainant but on 15-11-10 the exparte proceedings were initiated against respondent due to his absence and case was fixed for exparte evidence.
4. In exparte evidence complainant appeared as PW1 who reiterated the same facts as mentioned in the complaint and produced copy of legal notice as mark "A", receipt of gas issued by the respondent as Exh. "PA", receipt of post of dispatch of legal notices as Exh. "PB" and AD as Exh. "PC", receipt of TCS as Exh. "PD", certificate of his counsel fee as Exh. "PE" and complainant closed his evidence.
5. From the perusal of his complaint and statement of PW1 in view of the exparte proceedings and corroborative evidence of complainant I have left with no option to believe the version of complainant as he is a practicing lawyer and respected member of Gujranwala Bar and made statement on oath and there is no rebuttal on the file against the version of complainant. The main thrust of the complaint is regarding the bait advertisement of the respondent upon which the respondent never intended to act upon so, I am of the considered opinion that the respondent is only liable for section 22 of Punjab Consumer Protection Act 2005 and there is no evidence regarding other sections stated by the complainant in the complaint, therefore, the complainant is entitled to get relief from this Court for this violation of provision of section 22 of Punjab Consumer Protection Act 2005 by the respondent while the complaint is rejected to the extent of other sections, the complaint is partially accepted in the following terms that:-
1. The respondent is liable to return Rs.37/- to the complainant which he received in excess.
2. The respondent is also liable to pay Rs.5000/- as counsel fee and legal expenses of proceedings.
3. The respondent is also liable to pay Rs.10000/- as compensation to the complainant for suffering mental torture to the complainant.
4. The respondent is also liable to pay Rs.10000/- as a fine which shall be deposited in the state treasury.
The respondent would be liable to pay all above payments, within 30 days of announcement of this judgment without fail. The Registrar of this Court is directed to send a copy of this judgment to the respondent for compliance.