1. Briefly, the claimant is the account holder of the ABL Pakistan Court Road Branch Jhang under account No. 4262 being resident of Mohsin Khan Street Mohallah Iqbal Nagar Gojra Road Jhang. As the claimant needed DD against Toyota Motor Company Faisalabad therefore, she deposited cheque No. 4615077 on 17.10.2008, for its encashment for the purpose of issuance of DD of the value of Rs. 990000/- and, simultaneously, deposited the balance amount on the same day with the warning to the defendant that if the DD would not be issued on that date i.e 17.10.2008, she would have to deposit additional amount of Rs. 70000/- but the defendants refused to do so pretending that the DD could not be issued due to Friday being a half working day when the Bank Manager required the claimant to appear there on 18.10.2008 in the bank the claimant reached in the bank on 18.10.2008, at 9.00 AM and submitted the cheque. On receiving the said cheque from the claimant, the claimant was kept in wait till 2/3 PM but. The bank manager did not issue DD. On repeated requests to the defendant Bank Manager the DD was handed over to the claimant at about 3/4PM but the date 20.10.2008, was mentioned on it advertantly for the purpose of weekly account raising on which the claimant protested but she was misbehaved by the Bank Manager.
On the same date i.e 18.10.2008, the claimant sent DD in the office of Toyota Motors but she was required to pay an additional amount of Rs. 70000/- as the DD was dated 20.10.2008, and the last date for the proposed amount was 18.10.2008, under such circumstance, the claimant had to deposit an additional amount of Rs. 70000/- through DD 763355 of Habib Bank Mehdi Shah branch Gojra, So as to submit the same in the office of Toyota Motors. As the claimant had to bear loss of an amount of Rs. 70000/- as additional amount of DD due to defective and faulty services of the defendant therefore, she has lodged this claim for recovery of an amount Rs. 70000/- alongwith with further amount of Rs. 50000/- as loss of metal peace and Rs. 35000/- as Misc expenses, total amount of Rs 155000/- under section 25 of PCPA 2005.
2. The defendant has vehemently apposed the above said claim by filing his statement of defence, interalia, on the ground that the claimant presented a cheque No, 4615077 on 20.10.2008, at 10.08 AM in the bank on the same day when the defendant had issued the Demand Draft, there is no negligence of defendant.
3. Heard the arguments. Record perused.
4. From the contents of the pleadings of the parties and the evidence as produced by them, the only moot able point to be resolved is whether the claimant Mst Bushra Khanum presented the cheque of the above said Denomination on 18.10.2008 in the bank of the defendant or not?.
5. I have carefully scrutinized the evidence of the parties in order to settle the above said dispute of the parties and have sorted out the following points with clarity; a. The claimant has stated in her affidavit as EX-PW1/1, that she was kept in wait for the whole day on 18.10.2008, in the office of the defendant for issuance of Demand Draft but that she was issued the same in the fag end hours of the office at 3/4PM on which she lodged protest. Anyhow no independent witness of this occasion has been produced who would have corroborative her such stand; b. The claimant's version as perceived from the contents of the claim and her affidavit as EX-PW1/1, shows that the defendant the bank manager, advertantly mentioned the date as 20.10.2008, on DD handed over to the claimant on 18.10.2008. However, she has produced the court witnesses Saqib Assistant Manager Sales Toyota Faisalabad Motors, Shafaqat Manzoor Sales Executive Toyota Faisalabad Motors as CWs who produced the customers detail of booking dated 18.10.2008, as Mark "B", which document has not been signed by any official/officer therefore, it has no authenticity.
Also, on the column of amount of this document the price of car appears to be Rs. 131900/- which is quite contradictory from the amount of DD of the claimant Mst Bushra Khanum as Rs. 999000/-; c. From the computerized record of the defendant vide Mark "A", it appears that the DD was issued to the claimant on 20.10.2008, at 10.08AM of an amount of Rs. 999000/-. Mark "C" is the balance sheet of the claimant of the said bank corroborating the defendant's stand that the DD was issued to the claimant on 20.10.2008; d. There is nothing on record to show that the defendant bank manager has any previous animosity with the claimant as also there is no allegation of demand of illegal gratification by the defendant for issuance of DD on 18.10.2008, therefore, the reasons for non issuance of DD on 18.10.2008, have not satisfactorily been explained by the claimant; e. The stand of the claimant on the price of the motor car is incompatible with the price as mentioned by the CWs and the document produced as Mark "C", therefore, the claim seems to be based on conjectures and surmises. The provision of section 6 (4) Banking companies (recovery of "loan" ordinance 1989 ousted as jursdiction of the ordinary civil courts in respect of matters ref. 1993 SCMR1996 Supreme Court of Pakistan, 1994 SCMR1970 Supreme Court of Pakistan, 1998 CLC17/18 Karachi. f. Seen from what ever angle, the services of the defendant can not be deemed to be faulty and defective, therefore, the claim merits dismissal and is hereby dismissed. File be consigned to the record room after its due completions.