1. Briefly, the claimant issued cheque No.SA-0017576410 of the denomination Rs.20958/- on 12.08.2009, under his account No.01112004909101 in favour of City Bank Faisalabad. The City Bank Faisalabad sent the above said cheque to Faisal Bank (Pvt) Ltd, Bilal Road Faisalabad, for clearance but it was dishonored with the objection "Amount in words and figures differ". As there was no such error in the cheque, hence, after delivery of legal notice to the defendants through Registered Post u/s 28(1) of PCPA 2005, the claimant has prayed for recovery of an amount of Rs.221619.90/- as the fine imposed by the City Bank Faisalabad, on the claimant, physical tension, loss of business, lawyer's fee and miscellaneous expenses under section 25 of the Act ibid due to defendant's faulty services.
2. The defendants submitted their written statement stating therein that there was cutting and over writing over the word "twenty" on the disputed cheque that therefore, it was validly dishonored.
After submission of statement of defence, none appeared for the defendants on 17.10.2009 and 19.10.2009, therefore, they were proceeded against ex-parte where after claimant's ex-parte evidence has been recorded.
3. In his ex-parte evidence, the claimant has got recorded his statement as PW-1, through his affidavit as EX-PW1/1, whereas he has produced Muhammad Tufail as PW2, through his affidavit as EXPW2/1. In his documentary evidence, the claimant has also tendered original cheque Faisal Bank dated 12.08.2009, EX-P1, post office receipt EX-P2, photo copy of legal notice Mark "A", copy of statement of cheque return dated 15.08.2009 Mark "B", copy of statement of account Mark "C".
4. From the statements of the PW's including that of the claimant read in conjunction with the documentary evidence above referred in the absence of the any evidence in rebuttal I have reached a safe conclusion that the claimant's cheque EX-P1 was dishonored through statement of cheque Mark "B", without any justification as no remarkable over writing and cutting is visible on the word "twenty" on its close scrutiny. Therefore, the claimant has proved this case to the entire satisfaction of this court. The claim is hereby accepted accordingly. The defendants shall now write off the fine 1619.90 and they shall also pay an amount of Rs.20000/- to the claimant as cost including lawyer's fee and legal expenses incurred by the claimant on this litigation. The order shall be complied within a period of 30 days, otherwise the matter 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 completions.