1. Muhammad Umair the student of 2nd year at Govt, Community College Gujjar Basti, Faisalabad, has claimed damages of Rs. 50,000,00/- from the defendants for his mental torture, Educational loss and loss of time on the ground that the defendants instigated the College students to beat him with Iron rods on 31.10.2008 within the College premises, that the claimant got medical report and lodged a crime case at Police Station Gulbarg Faisalabad, but the accused have not so far been proceeded against.
2. The defendant has opposed above said claim by filing his written statement on the ground that the claimant being indisciplined student, misbehaved with the teachers as well as his fellow students, that alleged occurrence took place on 31.10.2008 out side the College premises in his absence and that the FIR No.554 dated 03.11.2008 was lodged at police station Gulbarg but no such role of abetment was attributed to him that therefore the claim is not only false but is also frivolous.
3. Mr. Abdul Hameed Vice Principal Community College in attendance in the Court has stated separately in vernacular that the claimant told him about fifteen days after the occurrence that he was coming from the side of Dhobi Ghaat when he found some children beating a student near Main Terminal when he stepped forward to save that student from the clutches of these children, that he had a fight with them that therefore, the same persons gave him beatings on the day of occurrence in retaliation there of. The claimant has also stated on Oath separately that when the occurrence took place the defendant being Vice Principal of the College was looking from upper side of the College. In answer to court query, the claimant stated that he did not nominate the defendant in the FIR lodged on 03.11.2008 to avoid false allegation.
4. From the above said scenario, following points are quite crystal clear: a) There is no specific denial of the statement of Mr. Abdul Hameed Vice Principal showing that the claimant did not involve the defendant in the occurrence before him and the claimant has admitted such statement hence the claimant's version is after thought; b) The claimant's mother reported the occurrence at the police Station Gulbarg, Faisalabad on 03.11.2008 but she did not level any allegation against the defendant in the occurrence revealing that the defendant is innocent in this case; c) The defendant has submitted the affidavit sworn on Oath by the local Commissioner showing that the claimant was indisciplined student that his attendance in the college rolls was very poor and he used to grapple with the college students creating problems for the college administration that therefore he used to admonish him to mend his ways and to be a good student hence the claimant has falsely involved him in retaliation thereof , but the claimant has not submitted counter affidavit in this regard.
The up shot of the above whole discussion in that the claim is false, frivolous and vetations.
Therefore, not only that the claim is dismissed but the claimant is also imposed fine Rs. 2000/- for having willfully instituted a false claim, which shall be awarded to the defendant as compensation as and when such fine is realized for the claimant under section 35 of Punjab Consumer Protection Act, 2005. File be consigned to the record room after its due completion.