ABOUT DELIVERY OF AMOUNT FROM THE BANK
1. The case is at the stage of the arguments which were heard on the previous date and this date was fixed for decision as such I proceed to dispose off the complaint by discussion in the following paragraphs:-
2. Briefly stated, the claimant has requested for imposing the damages of Rs.10,00,000/- (Ten Lakh Rupees) and counsel fee of Rs.20,000/- (Twenty Thousand Rupees) as counsel fee against defendant No.3 on the allegation to the effect that his Visa of foreign country has expired due to the incorrect confirmation of his air ticket for the subsequent date on account of the faulty service of defendant No.3.
3. The complaint has been contested by defendant No.3 on legal as well as factual grounds contained in the written statement with the request that the complaint may be consigned.
Defendants No. 2 & 3 are also being represented by the joint counsel who is representing defendant No.3.
4. The parties have produced their respective evidence.
5. The oral evidence of the claimant consists of his own statement as PW-1 and Abdul Rashid witness as PW-2. Oral evidence of the claimant consists of the attested copy of the postal receipts as Ex.P-1; attested copy of the legal notice as Ex.P-2.
6. The oral evidence of the defendants consists of the statement of defendant No.3 as DW-1. Oral evidence of the defendants consists of the copy of data about the refund of the disputed ticket as Ex.D-1.
7. The version of the claimant is to the effect that he purchased the ticket from foreign country at the time of his visit to his country and the claimant was scheduled to go back to the foreign country on or before 22-02-2010 because his visa was going to expire on the said date but he remained in his locality till 25 02-2010 on the assumption that he had confirmed ticket for 25-02- 2010 without realizing that he should make efforts to reach at the concerned country on or before 22-02-2010 and when he approached at Karachi Airport for onward journey to his destination on 25-02-1010, he was restricted from entry in the airport due to expiry of visa. He has blamed defendant No.3 being the booking supervisor at the office set up by the defendant at DGK for the folly and claimed the damages and counsel fee.
8. I have observed from the perusal of the evidence that the claimant was asked in the cross examination that where was the original ticket on which he replied that the same was left by him at his residence. It is also observed that the original ticket has not been produced despite being claimed to be available throughout the proceedings of the present complaint. The defendants have proved by production of Ex.D-1 that the said ticket has been refunded after deduction of 40 percent charges. The defence is to the effect that the disputed ticket was never confirmed. The claimant has not produced any documentary proof about the alleged confirmation of the disputed ticket. The version of the defendants as deposed by DW-1 is to be accepted in absence of the proof to the contrary.
9. 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.
10. 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. Since there is no explanation in the present claim 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 in the given circumstances.
11. As far as the ordinary costs are concerned, it is observed that since the defendants have to act on the basis of the computerized data as such they are not to be blamed for delay in the matter and they are entitled to be exempted from the burden of the payment of costs. The defendants are therefore not liable to pay the proximate charges or litigation charges as provided in S.13 & 31 of PCP Act, 2005.
12. In accordance with above discussion, the complaint is hereby dismissed.
13. Parties are left to bear their own costs.
14. A copy of this order would be available for publishing on the internet to the website of PCPC,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.