1. The petitioner Muzaffar Ali has filed this petition for the recovery of special damages of Rs, 500000/- for serving substandard food and service to his guests. According to the petitioner, Muzafar Ali, he has entered into a contract with the respondent for the arrangement of a party on the occasion of engagement of his son at Al-Rehma Banquet Hall, University Road, Sargodha. The petitioner has maintained that the menu was settled and it was decided that guests will be charged Rs, 425/- per head. He further maintained that at the time of his function another function was arranged in the same hotel and his guests were served with below standard, half cooked food.
2. The petitioner had to contact the respondent again and again for providing proper service and food to his guests. He had to go to the kitchen to request the staff of hotel again and again for providing food and proper service. He maintained that due to below standard service and half cooked food, he has been humiliated in the eyes of his guests, so he has claimed damages of Rs, 500000/-. He has also requested for the return of amount of Rs, 25500/-, already paid by him to the respondent.
3. The summon/notice has been issued to the respondent but inspite of service the respondent has not turned up and he has been proceeded against ex-parte on 20.04.2010. The petitioner was called to produce ex-parte evidence.
4. The petitioner appeared as Pw-1 and produced Pervaiz Ahmed as Pw-2. The petitioner Pw-1 and his witness Pw-2 has supported the content of this petition that the service provided by respondent was poor and food services was below standard and not properly cooked.
5. There is no evidence from the respondent's side in rebuttal to the contention of the petitioner as he has been produced against ex-parte. In the absence of any rebuttal, the version of petitioner that the food served at the time of function was below standard and service was very poor has been established.
6. According to the petitioner he has paid Rs, 25500/- to respondent. He has also claimed Rs, 500000/- as special damages but no positive/solid evidence has been produced by the petitioner on account of special damages. The petitioner has only been able to produce evidence that the half cooked food was served to his guests and service was very poor. So if it is established that the petitioner has been served with substandard food and service of respondent was very poor, he is not entitled to get whole price of the food and service. It will be just that the respondent repay the half of the amount already paid to him i.e. Rs, 12500/-. So the claim of petitioner in connection with damages is declined an a sum of Rs, 12500/- is decreed favour of petitioner and against the respondent. File be consigned to record room after due completion.