Facts in brief are that on 20-6-09 the petitioner purchased a Honda Civic car from respondent for consideration of Rs.17,30,500/-. At the time of purchase of car respondent's sale person, Haroon promised to deliver the car to petitioner within 7 days. On such understanding given by the respondent, the petitioner chalked out his business tour on the very next date of payment (of sale price) but to petitioner's surprise, the car was not yet received. Instead, the petitioner was again promised to get the car within next 2 / 3 days. The petitioner maintained that as a result of respondent's breach of promise, the petitioner had to suffer business loss compensatable with damages of about Rs.1,00,000/-. On 30-6-09 the petitioner tried to contact respondent on telephone but the phone was not attended by the respondent. When the petitioner personally approached respondents for the purpose but he was again put off to wait for 2 / 3 days more.
When the respondent failed to honour their undertaking, their staff gave final date for delivery of car being 9-7-09 but still the respondent failed to fulfill their promise. Meanwhile the petitioner received a friend from Germany but he could not give him protocol in a befitting manner. As the petitioner had to suffer a lot in business, time and money he received mental agony which is in fact not compensatable in terms of money. First, the petitioner demanded from respondent to compensate his loss paying him suit damages of Rs.10,00,000/- but they did not positively respond nor replied to the legal notice sent by the petitioner. Hence this petition.
2. Petition was contested by the respondent on facts and law. They objected that neither the petitioner has got any locus standi nor the petition is maintainable without impleading proper / necessary party. Respondent further maintained that petitioner's claim is also frivolous /vexatious, therefore, the same is liable to be dismissed with cost of Rs.10,000/-
3. Both the parties produced evidence in support and rebuttal of their respective contentions. The petitioner appeared as PW-1 and also examined Rana Muhammad Shahzad. Petitioner also placed on record sworn affidavits. Petitioner's documentary evidence includes receipt EX-P1, hotel receipt EX-P2, legal notice EX-P3 and respondents business card EX-P4. On the other hand, respondent's witness Muhammad Haroon appeared as DW-1 and also produced Bank cheque EX-D1, respondents letter dated 23-7-09 EX-D2, sale certificate EX-D3, sale invoice EX-D4, check list EX-D5 and Bank receipt Mark 'A'.
4. Arguments heard and record perused.
5. From close perusal of parties' evidence and other record on casefile, it would appear that petitioner is not entitled to claim any compensation or damages for respondents so called defective service party because firstly, supply of suit vehicle was the concern of manufacturer of vehicle and not the respondent who are mere agent of manufacturer, as such, whatever delay occasioned in the supply of car should be attributed to the manufacturer of car, secondly, schedule of supply of suit vehicle was always subject to change which the petitioner is bound to follow being signatory to the relationship contract (vide para 11 of Ex-D1), thirdly, there was no delay on the part of respondent because as soon as they received the vehicle, it was dispatched to the petitioner without any loss of time, fourthly, petitioner had in fact dealt with Honda Atlas Co and not the present respondent as sale price of suit car was paid to the said company through Pay Order but he petitioner did not implead Honda Atlas Companythis is another point fatal to the maintainability of petition and lastly, petitioner has supported his claim through oral evidence only whereas respondent party effectively rebutted petitioner's evidence through oral as well as documentary evidence therefore, petitioner's claim is liable to dismissed as he has failed to show that respondent's service were either faulty and defective.
6. For what has been discussed above, petition is dismissed with no order as to cost. After due completion, file be consigned to record room.