1. Briefly, the claimant has lodged this claim under section 25 of Punjab Consumer Protection Act, 2005, for recovery of an amount of Rs. 4830000/- as cost of Hajj package, cost of pick and drop from Islamabad Air Port, extra expenses of transport, meal and beverages, mental torture and pain caused by defective and faulty services as compensation/damages etc.
2. The defendants have vehemently apposed the above said claim by filing their statement of defence, interalia, on the ground that not only that the claim is barred by limitation but that the matter in issue has already been adjudicated and decided by the Ministry of Hajj at Saudi Arabia.
3. Heard the arguments. Record perused.
4. Admittedly, the claimants landed in Pakistan after performance of Hajj on 22.12.2008, under section 28 (4) of the Punjab Consumer Protection Act 2005, the claim was to be lodged within a period of thirty days from the date of arising of cause of action which might be extended upto sixty days, if sufficient cause was shown. The claimant Naveed Ahmad Saleemi has submitted an application for condo nation of delay on the ground that after performance of Hajj, he had to leave immediately for United Kingdom in connection with his emergency business that therefore, he had to arrange special Power of Attorney to file the complaint. However, there is no explanation as to why Naveed Ahmad Saleemi, the claimant did not arrange the execution of special Power of Attorney before leaving for UK from Pakistan after he landed in this country on performance of Hajj.
Also, there is no explanation of the co-complainant Sardar Begum to file the claim within the prescribed time limit. There is nothing in rebuttal of the stand taken by the defendants that the matter in issue has already been decided by the Ministry of Hajj, therefore, the defendants should not be subjected to double jeopardy.
5. For what has been discussed above, the claim is hereby dismissed having been lodged after the expiry of period of limitation and for no cause of action. File be consigned to the record room after its due completions.