COMPLAINT ABOUT FAULTY SERVICE
1. The case is at the stage of the passing of the order after hearing the arguments as observed in earlier order of this date as such I proceed to discuss and decide and dispose off the matter in accordance with the findings in the following paragraphs.
2. Briefly stated the grievance of the claimants is to the effect that development project in their locality has not been under taken relating to the construction of the street by soling and drains while the streets remain in darkness despite issuance of notice.
3. Briefly stated the version of the defendants in their joint written statement is to the effect that the case is not maintainable in this court; that the concerned streets would be considered in the next budget; that the construction process is being under taken on the area mentioned in the written statement being approved in annual development program of 2008/09; that the complaint is not based on facts; that the complaint should be disposed off accordingly.
4. It is pertinent to note that although evidence is necessary to be recorded under S. 30 of PCP Act 2005 for disposal of the complaints by the Consumer Courts but since the procedural laws known as the Code of Civil Procedure, 1908; the Code of Criminal Procedure, 1898; the Qanun-e-Shahadat Order, 1984, the Bankers? Books Evidence Act, 1891 are not strictly applicable to the proceedings of the Consumer Courts, as such the propriety demands that the regular evidence should not be recorded in such cases where the points for determination are mostly based on the copies of the admitted documents available in the file of the complaint or admitted in the pleadings just like the present case.
5. I am of the view that the MUNICIPAL SERVICES are deemed to be the FACILITIES as mentioned in the definition of the term SERVICES in S. 2 (k) of PCP Act 2005. The jurisdiction of the consumer court is clear enough from the provisions of S. 27 / 31/ 36 of PCP Act 2005.
6. The ADMINISTRATION providing the MUNICIPAL SERVICES is obliged to fulfill all the responsibilities of a SERVICE PROVIDER under S. 13 to 17 of PCP Act 2005. The expectation of the public about better services of TMA is therefore genuine and enforceable under the law.
7. It is provided in the definition of the 'CONSUMER' in S. 2 (c) of the 'Act' that it means such a person or entity who "Hires any service for a consideration and includes the beneficiary of such services".
The beneficiary of the services hired by another is also included in the definition of the consumer.
The objection of the defendant about the definition of the term 'CONSUMER' is also not acceptable because the services of the defendant are presumed to be hired by the government for the benefit of the general public and every member of the public is presumed to be the beneficiary of the said services. The claimants are therefore entitled to be treated as the consumers being some of the beneficiaries of the services of the defendant hired by the government.
8. It is pertinent to note that the objection of the defendant about non payment of tax is misconceived because it is clear from S.2 (k) of PCP Act (Act II of 2005) that the free services without payment of any fee are not excluded from definition of the term 'SERVICES' because said services do not fall within prohibitory clauses (i) to (iii) of the said clause in which the examples of the services excluded from the definition are given as the contract of personal services, astrology, palmistry, court of law, arbitration while the services to be included in the definition are given as medical, legal or engineering services.
9. It is understood that the said examples are not exhaustive and many other instances of both kinds of services can be included by practical experience in accordance with the nature of the cases but it can be safely found that the 'MUNICIPAL SERVICES' cannot be excluded from the definition of the 'SERVICES' by any stretch of imagination.
10. I am of the view that the staff of the institutions and departments and entities handling public dealings should be considerate, altruistic, unselfish, civilized, gentle, moderate, caring, openhanded, copious, bountiful, goodhearted, philanthropic, benevolent, humanitarian, generous, caring, understanding, kind and thoughtful towards the grievances of the public.
11. They should endeavor to assuage and alleviate the sufferings of the distressed consumers so as to encourage redressal of the grievances even prior to the appearance before the court instead of remaining adamant, annoying, boisterous, disruptive, harsh, importunate, mulish, obdurate, persistent, raucous, rigid rowdy, rude, stiff, strict, stubborn, unruly, rough and tough, even during the pendency of the complaint before the courts.
12. A perusal of the local law shows that it is provided in S.54 (1) (h)
(i) that "(1) The functions and powers of the Tehsil Municipal Administration shall be to-" " (h) provide, manage, operate, maintain and improve the municipal infrastructure and services.
13. I have observed from a perusal of the file in the light of the arguments that since the defendants are deemed to be the service providers and since the claimants are deemed to the tax payers as such the jurisdiction of this court to adjudicate the present complaint is not barred while the defendants are liable to arrange for the construction of the disputed streets and drains by including the same in the next budget in accordance with the commitment mentioned in paragraph No.3 in the written statement.
14. In accordance with above discussion, the complaint is hereby disposed off with the direction to arrange for the construction of the disputed streets and drains in the next budget if the same are not possible to be constructed earlier.
15. Parties are left to bear their own costs.
16. This order would become final u/s 34 of PCP Act 2005, if the appeal is not preferred within period of 30 days after obtaining of the copy under S.33 of PCP Act 2005 & Rule 18 of PCP Rules 2009 in accordance with the Rules of Procedure of Honourable High Court.
17. In case of delay in compliance, the claimant is entitled to get the order implemented by filing the application for implementation with reference to S.31, 32 & 36 of PCP Act, 2005, if so required with the warning to the defendants that the costs to be incurred for and during the application for implementation would be liable to be recovered from them.
18. A copy of this order is to be provided to the representative of the defendants along with issuance of a copy through the claimant by hand to the TMO for compliance.
19. A copy of this order is directed to be made available for publishing on the internet to the website of Punjab Consumer Protection Council Secretariat, 135-J, Model Town, Lahore for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCP Rules, 2009.
20. The file of this complaint is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.