1. Complainant's case is that on 14-12-09 at about 06:00 pm he alongwith his friends Sarfraz Ahmed Butt and Ch. Gul Nawaz Goraya went to the restaurant of respondent, situated at Kamoke and placed an order for a dish of one Kg "Mutton Karahi" which when served was found less then the weight and comprising of bones instead of flash. Respondent was asked to replace the same who instead of replacing, again served the same dish. The Mutton was of a low quality. It gave a bad taste when it touched the tongue. The food was returned there and then and respondent was asked to serve complainant and his friends a plate of gram pals. The respondent charged the price of Mutton Karahi in the bill which was not utilized by the complainant and his friends. According to complainant respondent not only presented the substandard food but also provided deficient service.
2. Respondent was summoned. He appeared, received the copy of the complaint but later on disappeared, so he was proceeded exparte on 05-04-10.
3. Complainant produced exparte evidence. Sarfraz Ahmed Butt appeared as PW1 and narrated the whole story as mentioned above. Complainant himself appeared as PW2 and supported the version mentioned in his complaint. Muhammad Gul Nawaz Goraya while appearing PW3suported and corroborated the statements of his two fellow colleagues. Receipt Exh. "PA" whereby the respondent has charged Rs.750/- to complainant has been placed on record. Copy of legal notice mark "A" is also part of the record. Exh. "PB" is receipt and Exh. "PB/1" is Acknowledgement for dispatch of legal notice mark "A". Learned counsel for the complainant produced receipt Exh. "PC" whereby he charged fee to the complainant.
3. I have heard the arguments and perused the record.
4. In the exparte evidence produced by the complainant all the witnesses corroborated each other on material points. PW1 Sarfraz Ahmed Butt has been Secretary of District Bar Association.
Complainant himself has served the legal fraternity as President of Bar Association. Muhammad Gul Nawaz Goraya Advocate is also a practicing lawyer and enjoys good reputation. The testimony of all these witnesses can not be doubted. They have proved that respondent not only served substandard food but also provided a very bad service to his customer, the complainant. When there is noting in rebuttal on record, from the exparte evidence produced by complainant.
Respondent is held guilty of providing substandard product and deficient service. He is directed to pay Rs.600/- the amount of the food not utilized of complainant, Rs.2000/- litigation expenses and Rs.4400/- counsel fee to the complainant immediately. Respondent is also awarded fine of Rs.10,000/- which shall be deposited in the state treasury within one month of passing of this judgment without fail. The complaint is allowed in the above said terms. File be consigned to record room after its due completion.