1. CLAIM U/S 11,13,18,19 & 20 OF THE PUNJAB CONSUMER PROTECTION ACT 2005.
2. The plaintiff filed the present claim to return the mobiles or for the issuance of purchase receipt alongwith remaining accessories and payment of Rs. 50,000/- (Fifty thousand rupees) as damages suffered by the claimant and costs of the claim. The claimant is an Advocate by profession and she went to the shop of the defendants to purchase two new pack mobiles of kind Q-31 @ Rs. 4000/- per mobile. Claimant obtained two mobiles of red and black colors. After purchasing the same and making payment of Rs. 8000/- (Eight thousand rupees) claimant demanded purchase receipt from the defendants but the defendants refused to do so. At this claimant refused to purchase the said sets and said to them to return her paid money. At this defendants annoyance to the claimant and insulted her. They delivered one mobile alongwith his packing and accessories but other was without packet and accessories to the claimant.
3. Defendants force her to leave their shop and they used vulgar language with the claimant.
4. Claimant also submitted that defendants never informed to her about the return and refund policy of their shop. They also received excessive amount to the tune of Rs. 400/- (Four hundred rupees) from the claimant. Claimant suffered mental torture and disturbance. Claimant served the legal notice on the defendants but they did not response hence the present claim.
5. The respondent No. 1 was personally served upon through the Messenger of this court and through Registered post envelope. Respondent No. 2 is also another proprietor of the shop and he was also served upon through respondent No. 1 but they did not appear in the court inspite of their service hence were proceeded against exparte vide orders dated 23-05-11.
6. Arguments heard. Record perused.
7. Claimant recorded her exparte evidence as Pw-1. Khalid Latif as Pw-2 in support of her version. She also produced copy of the legal notice as Ex-P1, post office receipt as Ex-P2, acknowledgment due as Ex-P3 and certificate of counsel fee as Ex-P4 and closed the claimant's evidence. The claim reflects that the claimant went to the shop of the defendants and they treated her improperly and used vulgar language. The absence of the defendants after their service from the court draws a negative inference and presumption against the defendants themselves. The defendants were duly bound to issue purchase receipt to the every customer U/s 19 of the Punjab Consumer Protection Act 2005. The said Act also bound them to disclose return and refund policy to the buyer clearly before the transaction is completed by means of a sign at the point of purchase. The defendants were summoned to appear in the court and to justify that for what reasons the defendants could not issue the purchase receipt to the claimant and could not disclose the return and refund policy to the claimant within the due date or afterwards but they absented themselves.
8. To become absent, smashs the defence of the defendants. The claim of damages on the score of mental and physical torture do not fall within the ambit of this court. It is a subject matter of civil court, so these are not to be granted to the claimant. Claimant should knock at the door of civil court to obtain these damages. As far as compensation of Rs. 50,000/- on the basis of damages is concerned, Section 10 of the Punjab Consumer Protection act clearly reflects that where the consumer has not suffered any damage from the product except the loss of utility, the manufacturer shall not be liable for any damages except a return of the consideration or a part thereof and the costs. In the instant case claimant has failed to prove any damage cause due to none issuance of purchase receipt and none providing of one mobile's accessories hence these damages cannot be granted to the claimant. It is also pertinent to point out that claimant has not suffered any physical loss due to the defective and faulty services of the defendants hence compensation cannot be granted to the claimant.
9. To sum up, claim is allowed in the terms that defendants would issue purchase receipts alongwith accessories of one mobile to the claimant and they are warned that in future they remain careful and issue purchase receipts to every customer. As defendants have been proved guilty through the statement get recorded by claimant. There is not rebuttal from the side of defence, so they are burdened with Rs. 10,000/- (Ten thousand rupees) as fine which is to be deposited in government treasury and recoverable under the Land Revenue Act. Claimant has proved litigation charges through Ex-P4 hence these are granted to the claimant which are to the tune of Rs. 5,000/- (Five thousand) which the claimant bore for the litigation. The claim is allowed to the tune of amount decided above. The Registrar of this Court is directed to send copy of the orders to the defendants for immediate compliance and also to the Directorate of Punjab Consumer Protection Council for the purpose of compliance of Rule 25 ibid.