The complainant has filed the instant complaint against the respondent stating that the respondents advertised for public auction of its used vehicles in the newspaper Daily Jang. In accordance with their advertisement he deposited Rs.15000/- on 10-10-09 as an advance money for purchase of three cars in Atlas Bank Limited, Gujranwala and fulfilled all the requirements and formalities of the respondent regarding the auction of cars. Subsequently on 29-10-09 he visited respondent's office where its employee informed him that so far the bids had not been opened, then he again contacted the respondent on 03-11-09 where he was informed by Mr. Hammad the employee of the respondent that his bid for Suzuki Mehran No.STP-6067 Model 2004 had been accepted. He further stated that he used to visit office of respondent's company for getting the possession of said car and to get the deposited amount for other cars where Mr. Hammad the employee of respondent's company told his car would also be handed over to him within week after completing formalities and bid money of other two cars would be returned at same time so, he again visited the company on 09-01-10 to get possession of above said auctioned car and to get refund of bid money where Mr. Hammad asked him to contact Mr. Attiq an other employee of respondent's company who advised him to visit the office again after a couple of days, then he again visited on 11-01-10 to meet Mr. Attiq but the security staff stopped him from entering the office but on intercom Mr. Attiq told him that the said car had been allocated to some other person at the behest of some big boss of the company and the bid money of other cars had been forfeited. Due to illegal action of respondent. He suffered final loss and mental agony therefore, he is entitled to recover Rs.15000/- which deposited as bid money, Rs.100000/- damages for causing mental torture and agony by the respondent.
2. The respondent submitted written reply of complaint where in preliminary objections were raised regarding maintainability, malafide, cause of action and jurisdiction of Court. On facts it was admitted that Rs.15000/- had been deposited as bid money. Rest of paras were denied and prayed for the dismissal of complaint.
3. I have heard the learned counsel for the parties and gone through the record.
5. The amount Rs.15000/- is admitted by the respondent which means that after the completion of auction the respondent was bound to return the bid money to the complainant but with out any rhyme and reason forfeited the bid money of complainant which the respondents had no lawful authority to do so, hence, the forfeiture of bid money is void and it is a settled principle of law and there is no limitation against any void order, therefore, in these circumstances, there is no need for recording evidence as only legal question is involved in the case, therefore, I hold that complainant is entitled to get relief from this Court and the complaint is partially accepted in the following terms that:-
1. The respondent is liable to return Rs.15000/- to the complainant which he received as bid money.
2. The respondent is also liable to pay Rs.10000/- as counsel fee including other legal expenses.
3. So far as the claim of complainant regarding the damages is concerned suffice to say that, no detail has given in the complaint, therefore, it is declined.
The respondent would be liable to pay all above payments, within 30 days of announcement of this judgment without fail.