1. Brief, facts deciphering this claim u/s 25/28 of PCPA 2005 are that the claimant alongwith his companions, Fida Hussain and Rana Naveed Ahmad Khan Advocates boarded on the defendant's Bus No.FSP/1888 on 02.06.2009, at about 07:30 PM at the bus stand Faisalabad to proceed to Lahore. As the air conditioner of the bus was not in working condition therefore, there was tussle in between the passengers and the bus functionaries. The Driver of the bus (defendant No.4) stopped the bus near Sahian wala Interchange, alighted the passengers from the vehicle where the Patrolling Officer also challaned the vehicle for bringing the defective bus on the Motor Wing. The functionaries of the bus consoled the passengers that another new bus was coming from Faisalabad, which would take them to Lahore but such vehicle did not arrive there despite wait for two hours. Under such circumstances, the claimant alongwith his companions and other passengers had to walk a distance of about 2 KM to reach at the rest room near Sahian wala Interchange and they had to pass remaining night there lying on ground. As the claimant and his companions had to appear in the Honourable Lahore High Court, Lahore, on 03.06.2009, in their cases there but they could not appear in time in the court. Hence, the claimant has lodged this claim for recovery of an amount of Rs.500000/- as damages alongwith legal expenses due to the defendant's defective services.
2. As the claim was prima facie, maintainable in pursuance of the report of the learned Registrar of the court and it was within time limit as there is neither existing system of redress nor the regulatory system for individual claims, the defendants were summoned for 12.07.2009. The defendants were served in this claim but none appeared for them on 13.07.2009, (12.07.2009 being public holiday) therefore, they were proceeded against ex-parte. The claimant's ex-parte evidence was recorded on 17.07.2009. However, as a final resort notice was issued to the defendants through registered cover envelopes that if they had any case to defend, might appear in person on 11.08.2009, that otherwise, no excuse shall be available to them in this regard. On 11.08.2009, Muhammad Javaid booking clerk Kohistan Bus Service Company (Pvt) Ltd, Faisalabad, (defendant No.3) was in attendance and requested to produce the remaining defendants on his own responsibility for 19.08.2009. On 19.08.2009, an application was submitted by the defendant No.2 Amjad Ali Deputy Manager Kohistan Bus Service Company (Pvt) Ltd, Faisalabad, for setting aside the ex-parte order dated 17.07.2009, on the ground that he was not served summons in this case that, therefore, his non appearance on the said date was in advertant, however, this application was dismissed on merits vide their court's order dated 01.10.2009.
3. As none appeared for the defendants even today despite repeated calls since morning till the fag end hours of the court, therefore, they have been proceeded against ex-parte. In his ex-parte evidence the claimant has got recorded his statement as PW1, through his affidavit EX-PW1/1, whereas he has produced the affidavits of Fida Hussain and Muhammad Jamil as Mark "A" and Mark "B", respectively. From the contents of affidavit EX-PW1/1, of the claimant, it appears that the claimant has corroborated the facts and circumstances, as delineated in his claim in toto. Fida Hussain and Muhammad Jamil sworn their affidavits Mark "A" and Mark "B", respectively to corroborate the claimant in his stand that services as provided by the defendants to him were defective, the "defect" in the "Act" having widest amplitude pertaining to services for the purpose of this statute as this definition is couched in the widest horizon of there being any fault, imperfection or short coming casting its net so wide so to bring it with its import any deviation from the requirements spelled out in the definition related to quality, or standard of services as in this case.
4. The defendant's dared not to produce any evidence in rebuttal, therefore, the claim stands proved to my entire satisfaction. As the defendant's services provided to the claimant have been found to be defective and faulty therefore, the claimant is entitled to recover damages. At this juncture, it is observed that the nature of damages/compensation may be such as to punish the defendants so that it may deter them from similar behaviour in future as the motive and conduct of the defendants were such as to aggravate the claimant's injury, therefore, the court may increase compensation/damages.
5. For what has been discussed above, the claim is hereby accepted. The defendants shall pay an amount of Rs.50000/- to the claimant as compensation alongwith legal expenses Rs.10000/- total amount of Rs.60000/- to the claimant within a period of thirty days otherwise, they shall be dealt with u/s 32(2) of PCPA 2005. File be consigned to the record room after its due completion.