1. This date was fixed for the passing of the proper order after hearing the arguments of the parties and the file has been perused in the light of the arguments as such I proceed to discuss and dispose off the complaint by discussion in the following paragraphs.
2. Briefly stated the grievance of the claimant is to the effect that the cheque about refund of the amount of court fee bearing cheque No.1190029 dated 04-03-2011 amounting to Rs.13500/- was prepared for delivery to himself by the office of District Account Officer but the same was handed over to the other defendant due to alleged collusion. The claimant has requested for the issuance of the said cheque along with recovery of Rs.500000/- as damages and Rs.20000/- as counsel fee.
3. The version of the contesting defendants No.4 & 5 is to the effect that the disputed cheque was issued to defendant No.4 to through defendant No.5 due to the mistake of the concerned office.
They have raised certain preliminary/ legal objections with request for dismissal of the complaint and grant of special costs.
4. I have observed from a perusal of the file that the disputed cheque is deemed to have been cancelled due to incorrect issuance because the amount of the said cheque having been deposited unconditionally in the bank account of this court is available for payment to the claimant whereas fresh cheque is required to be issued relating to the payment to be received by defendant No.4 in the form of refund voucher because the said cheque is also deemed to have been cancelled due to incorrect issuance.
5. I am of the view that it is not the case of faulty services because it amounts to clerical mistake which is acknowledged in the judicial proceedings as bonafide genuine mistake without any liability. The defendants are therefore not liable to pay any damages or costs or litigation charges or counsel fee in the given circumstances specifically when the required amount has been made available voluntarily by defendant No.4 for payment to the claimant at the first instance during early proceedings of the present complaint therefore it was proper for the claimant to withdraw the complaint at the said time by taking the deposited payment from the court for the redress of his grievance as such he is disentitled from any other relief except the issuance of the cheque by this court about the payment available in the bank account in favour of the claimant.
6. It is pertinent to note that the grant of damages is curtailed even under Contract Act, 1872 in which it is provided in S.73 to 75 that the damages should be proportionate to the loss and not excessive by mentioning that such compensation for loss or damage caused by breach of contract is not to be given for any remote and indirect loss or damage sustained by reason of the breach. It is an embargo placed by the general law of contracts upon the powers of the courts about grant of damages.
7. It is also observed that further embargo on the quantum of damages to be awarded by the consumers courts has been placed by the law provided in S. 4, 10, 13 & 15 of PCP Act by declaring that the manufacturer or service provider shall be liable to a consumer for damages proximately caused by anticipated use of the product or provision of services that have caused damage but he shall not be liable for any damages except a return of the consideration or a part thereof and the costs in such cases where the consumer has not suffered any damages from the provision of service except lack of benefit or loss of utility.
8. Since there is no explanation in the present complaint about any other damages except the loss of utility or lack of benefit as such I find that the claimant is not entitled to recover the damages or compensation or counsel fee or litigation charges under the law of consumers.
9. In accordance with above discussion, the complaint is hereby accepted partly to the extent of the recovery of the disputed amount through cheque to be issued by the accountant of this court and the receiving of the said cheque by the claimant for onward deposit in his own account for the redress of his grievance and the direction for issuance of new cheque or refund voucher in favour of defendant No.4 from the concerned office while the complaint is hereby dismissed to the extent of the remaining relief.
10. The parties are left to bear their own costs.
11. A copy of this order would be available for publishing on the internet to the website of PCPC for public disclosure and easy access of information to the consumers relating to the products and services in accordance with Rule 25 of PCPR 2009.
12. The file of this complaint is to be consigned to the record room 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.