COMPLAINT ABOUT FAULTY SERVICES The case is at the stage of the arguments but learned counsel for the defendants is not available today however representative 1. The case is at the stage of the arguments but learned counsel for the defendants is not available today however representative of the defendants is present who has contended that the arguments on the preliminary objections contained in the amended written statement were advanced by learned counsel for the defendants on 28-07-2011 with the request that the said objections may be disposed off on the basis of the said arguments as such I proceed to discuss the same after hearing further arguments of learned counsel for the claimant by discussion in the following paragraphs:-
2. The version of the claimant as alleged in the complaint is to the effect that he is entitled to recover Rs.5,00,000/- as damages and Rs.40,000/- as counsel fee along with recovery of gold ornaments valuing Rs.2,00,000/- due to the loss of the said ornaments during transit from Dubai to Karachi and onward to D.G.Khan by air.
3. The version of the defendants is to the effect that the matter has already been considered by the Honourable Wafaqi Mohtasib and that the claimant was directed vide order dated 16-04-2010 that it is advised that the matter may be thrashed in Civil Court. The defendant has raised as many as 23 preliminary objections including the said objection in their joint amended written statement.
4. I have observed that the copy of the order of Honourable Wafaqi Mohtasib is included in the file and it is clear from the said order that the claimant was referred to the learned Civil Court by the said office therefore I find that he is liable to go to the civil court for the redress of his grievance in accordance with the direction of the learned Wafaqi Mohtasib specifically when it is admitted fact that a part of the relief relating to the recovery of the gold ornaments or equivalent price is being reserved in para No.7 of the complaint for the filing of separate proceedings to be filed before the Civil Court. The claimant is therefore obliged to take the whole matter to the learned Civil Court instead of bifurcating his claim before this court as well as learned Civil Court.
5. In accordance with above discussion, I find that the jurisdiction of this court is barred due to the earlier order passed by Honourable Wafaqi Mohtasib relating to the competency of the learned Civil Court to adjudicate the present dispute.
6. Consequently, the complaint is deemed to be returned for presentation before learned Civil Court by way of regular civil suit in accordance with law and the present complaint is disposed off accordingly.
7. Parties are left to bear their own costs.
8. 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.
9. 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..