1. Muhammad Shafi S/o Sardar Muhammad has filed this complaint against Muhammad Khalid S/o Muhammad Boota and Muhammad Afzal S/o Khushi Muhammad for recovery Rs. 1,20,000/-.
2. Complainant's case is that he entered into a contract for digging and carrying out earth from his land measuring 9 Kanal. Rs. 25000/- were paid by the respondents to the complainant as earnest money during the course of transaction further Rs. 25000/- were paid. The remaining amounting to Rs. 70000/- is till outstanding against the respondent. According to the complainant the same sought of contract was entered into his brother Khushi Muhammad with respondents and an amount of Rs. 50000/- is due against the respondent out of the transaction of his brother.
3. Respondents have been asked to pay the total sum of Rs. 1,20,000/- but they have failed to fulfill his obligations. Complainant prayed that the above amount above may be got recovery alongwith the damages. The respondents entered into appearance and contested the case on the ground that complaint in this Court in present form is not maintainable.
4. Arguments heard and record perused.
5. The case of the complainant is for recovery of Rs. 1,20,000/- price of earth dig out from his land by respondents. Neither the complainant is a consumer as provided by under section 2(c) of the Punjab Consumer Protection Act, 2005 nor this case falls any other provision of the Punjab Consumer Protection Act, 2005. The complainant if so desire may file his case before the Civil Court, therefore the complaint is returned to be presented to the court of competent jurisdiction.
6. File be consigned to the record room after its due completion.