1. Complainant's case is that being impressed by the publicity launched by the respondent's sweet shop that delicious, tasty and sweet prepared with Desi ghee are soled at the shop, he purchased 54 Kg sweet comprising of Rass gulla and Ghulab Jamin etc which was served to the women folk gathered at the occasion of engagement of his brother at his residence but due to substandard and unhygienic sweet all the guests fell pray to food poisoning at the spot who were shifted to hospital where they were provided necessary medical aid. The whole ceremony was disturbed. The respondent is selling unhealthy and poisonous sweet to the peril of public health. Respondent M/s Sialkot sweet appeared and stated that complainant did not purchase the sweet from his shop and by filing the complaint respondent's good will and reputation has been damaged seriously by the complainant.
2. In order to prove his case complainant himself appeared as PW1 and produced Raja Muhammad Aslam as PW2, Mian Asif as PW3, Miss Ansa Javaid as PW4, Ishrat Sattar as PW5 and also produced copy of legal notice mark "A", receipt of dispatch of legal notice exhibit "PA", Acknowledge Due exhibit "PB", medical certificates exhibit "PC", "PD", "PE", "PF", "PG" & "PH".
3. On the other hand respondent did not choose to produce any thing in the evidence.
4. I have heard the arguments and perused the record.
5. Complainant in the witness box stated that on 18-05-08 at about 11:00 am he purchased 54 Kg sweet @ of Rs. 140 per Kg from the respondent's shop. The sweet was served to the women folk and children in the function arranged at his residence at Komoke. The sweet caused food poisoning to the guests who were directly shifted to the hospital from the function where they were treated.
Complaint was lodged with the respondent who offered the return of the price of the sweet and also promised to visit the patients in the hospital but did not fulfill his promise. According to the complainant respondent has not issued any receipt at the time of sale of sweet. PW2 Raja Muhammad Aslam verified that in his presence complainant purchased the sweet in question from the respondent's shop which caused food poisoning to the guests. He accompanied the complainant while lodging the complaint with the respondent. PW3 Mian Asif corroborated and supported the complainant in all respect. PW4 Miss Ansa Javaid stated that she served the sweet to the guest. She herself become victim of food poisoning by taking a Rass gulla and remained admitted in the hospital. PW5 Miss Ishrat Sattar is the sister of the boy whose engagement was being ceremoniesed in the function. She also took the sweet and started vomiting whereafter she was shifted in the hospital and treated. All the witnesses in this case belong to the respected class of the society. Inspite of lengthy cross examination by the counsel for the respondent these witness could not be shaken and remained consistent as far as the purchase of the sweet from the respondents shop and causing food poisoning to the number of the guests and their treatment.
PW4 Miss Ansa Javaid and PW5 Miss Ishrat Sattar, both are house hold women and are the eye witnesses of the whole occasion happened in the function. They themselves become the victim of food poisoning by taking sweet. During the cross examination they appeared to be natural witnesses and in their examined-in-chief as well as in their cross examination narrated whole the occurrence in detail in an innocent and straight forwarded manners. Their natural statement can not be doubted from any angle. Documentary evidence to prove the suffering from food poisoning by the patient specially Ishrat Bibi and Ansa Javaid has also been produced. Due to constant vomiting and loss of body fluid, their electrolytes were tested. Case of the complainant that due to stale and substandard sweet the guests at the function arranged at the house of the complainant suffered from food poisoning. Respondent did not produce evidence to rebutt the evidence produced by the complainant. Case of the complainant is established that respondent sold defective product, therefore respondent is directed to pay Rs.7560/- price of the sweet alongwith Rs.4000/- legal expenses, Rs.3300/- as counsel fee. Respondent is also directed to pay Rs.11,000/- as compensation to the complainant for the expenditure incurred on the transportation and treatment of the victims of the food poisoning within one month of the passing of this judgment.
File be consigned to record room after its due completion.