1. This date was fixed for ex-parte arguments which have been heard as such I proceed to dispose of the complaint by discussion in the following paragraphs:- Briefly stated the facts giving arise to the present complaint are to the effect that the claimants are allegedly the residents of Bodla Colony, Dera Ghazi Khan; that they are using old dilapidated pipelines of sui gas; that laying of new lines was promised; that that the pressure of gas remains very low in the night from 10 /11 PM to 6 1/2 AM; that the gas is completely closed since one week from the houses of the claimant namely Sarwar Khan, Saif ur Rehman's Khan, Jaleel Khan, Riaz; that the water has been detected by the defendants in the pipelines; that the claimants have to purchase wood and gas from the market for the purpose; that they are also paying the bills of the supply of the gas to the defendants; that the company has not paid any heed to the individual and collective complaints of the claimants; that the claimants are conscious of the load shedding but they have no gas even when others have the same; they why the claimants are being deprived; that the defendants may should be directed to lay new pipelines in the affected streets; that meanwhile the water affected lines should be freed from water as temporary measure; that damages should be imposed on the defendants for the mental tension and agony.
2. The defendants have opted to remain absent despite due notice and knowledge about pendency of present complaint.
3. Ex-parte evidence of the claimants consists of the original affidavits of four claimants as Ex.PA to Ex.PD; original postal receipts as Ex.PE to Ex.PF; copy of legal notice as Mark PA; original Wakalatnama to establish the engaging of learned counsel.
4. The defendants have not filed any document or written statement and remained ex-parte.
5. As far as the prayer about the recovery of the damages is concerned, it is hereby observed, that return of the consideration or a part thereof and the costs is provided in the law where the consumer has suffered the loss of utility or lack of benefit only while the manufacturer or service provider is also liable for the damages where the consumer has suffered any damage from the defective product u/s 10 & faulty service u/s 15; that the manufacturer or service provider is liable to a consumer for damages proximately caused by the defective product u/s 4 & faulty service u/s 13; that the liability of the manufacturer or service provider is not limited or excluded by the terms of any contract or notice about the defective product u/s 12 & faulty service u/s 17; that the disclosure of the details has been made essential about the product and service where the nature of the same is such that it is material to the decision of the consumer to enter into the contract with reference to the product u/s 11 & service u/s 16; that the standard for the provision of services is determined as such which a consumer could reasonably expect to obtain in Pakistan at the time of the provision of the service u/s 14; that the court is authorized to direct the defendant to pay reasonable compensation for any loss suffered due to negligence of the defendant u/s 31(e); that to award damages where appropriate u/s 31(f); that to award costs including lawyer's fees incurred on the legal proceedings u/s 31(g) of PCP Act, 2005.
6. It is settled law that the manufacturer or service provider is not liable for any damages except a return of the consideration or a part thereof and the costs, specifically where the consumer has not suffered any damages from the product or provision of service except lack of utility/benefit. The claimants are therefore not entitled to recover the damages or compensation or special costs.
7. It is also observed that the COMPANY providing the GAS as a product comes within the definition of the MANUFACTURER under S.2(h) as well as the SERVICE PROVIDER as such the COMPANY is obliged to fulfill all the responsibilities of a MANUFACTURER of the product under S.4 to 12 & 18 to 20 along with responsibilities of the SERVICE PROVIDER under S.13 to 17 of PCP Act, 2005. The responsibilities of the defendants are therefore dual as MANUFACTURERS as well as SERVICE PROVIDERS. The expectation of the public about better services of the COMPANY is therefore genuine and enforceable under the law.
8. It is clarified that the application for setting aside of this order, if filed on behalf of the defendants for taking the benefit of exparte nature of the order then the whole claim would be deemed to have been restored including the part of claim which is not being granted presently, while the possibility for the grant of the remaining relief would be considered on its on merits during the fresh proceedings, in accordance with law. The right of the defendants is however reserved with reference to Rule 14 of PCP Rules 2009 to move the application for cancellation/ modification.
9. I have observed that the claimants are entitled to the redress of their grievance at the earliest by intervention of this court and that the delay being caused by the defendants in the repair and replacement of the dilapidated and water logged pipeline amounts to the faulty services and sufficient to invoke the jurisdiction of this court.
10. For what has been discussed above, the complaint is hereby accepted partly to the extent of the direction about repair and maintenance and replacement of the disputed pipelines and the defendants are directed to arrange for redress of the grievance of the claimants at the earliest. The complaint is however dismissed to the extent of the damages etc. The parties are left to bear their on costs.
11. The Registrar of this court is being directed to send a duly attested copy of this order alongwith his covering letter about compliance to defendant No.1 at the responsibility of the Copy Clerk through the Messenger of this court.
12. Claimants are entitled to get the order implemented by filing the application for implementation with reference to S.31, 32 & 36 of PCPA 2005, if so required but the defendants would be liable to pay the costs to be incurred for and during the proceedings of the said application.
13. This order would not become final till the decision of the appeal u/s 34 of PCP Act, 2005, if the appeal is preferred before Honourable High Court u/s 33 of PCP Act, 2005 & Rule 18 of PCP Rules, 2009 in accordance with the Rules of Procedure of Honourable Lahore High Court.
14. A copy of this order would be available for publishing on the internet to the website of Punjab Consumer Protection Council, 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.
15. 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.