COMPLAINT ABOUT FAULTY SERVICES OF TMO
2. The case is at the stage of the arguments. I have heard the arguments and perused the file. Now I proceed to discuss and dispose off the complaint in accordance with the findings in the following paragraphs.
3. Briefly stated the version of the claimant is to the effect that his unnamed relative has not been appointed by the defendant at the post of Mali although he has paid the amount of Rs.80,000/- to the defendant as consideration for said appointment while the defendant has refused to return the alleged amount despite issuance of legal notice, hence this complaint.
4. The defendant has contested the complaint by filing his written statement by contending that the complaint is false; that it is not maintainable; that the court has no jurisdiction; that it is based on malafide to damage the reputation of the defendant; that it is baseless and illegal. It is requested by the defendant that the complaint should be dismissed with costs.
5. It is pertinent to note that although evidence is necessary to be recorded under S. 30 of PCP Act 2005 for disposal of the complaints by the Consumer Courts but since the procedural laws known as the Code of Civil Procedure, 1908, (CPC); the Code of Criminal Procedure, 1898, (Cr.PC); the Qanune-Shahadat Order, 1984, (QSA); the Bankers' Books Evidence Act, 1891, (BBEA); special rules of evidence u/s 118 of the Negotiable Instruments Act, 1881, (NIA) are not strictly applicable to the proceedings of the Consumer Courts, as such the propriety demands that the regular evidence should not be recorded in such cases where the points for determination are mostly based on the copies of the admitted documents available in the file of the complaint or admitted in the pleadings but present case is proper to be returned for the reasons mentioned in the next paragraphs.
6. I am of the view that the complaint is proper to be filed before Anti Corruption police due to the allegation about corruption.
7. As far as the request for grant of damages is concerned, it is observed that 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.
8. It is pertinent to note that the grant of damages is curtailed even under Contract Act, 1872 in which it is provided in S.73 to 75 that the damages should be proportionate to the loss and not excessive by mentioning that such compensation for loss or damage caused by breach of contract is not to be given for any remote and indirect loss or damage sustained by reason of the breach. It is an embargo placed by the general law of contracts upon the powers of the courts about grant of damages.
9. It is also observed that further embargo on the quantum of damages to be awarded by the consumers courts has been placed by the law provided in S. 4, 10, 13 & 15 of PCP Act by declaring that the manufacturer or service provider shall be liable to a consumer for damages proximately caused by anticipated use of the product or provision of services that have caused damage but he shall not be liable for any damages except a return of the consideration or a part thereof and the costs in such cases where the consumer has not suffered any damages from the provision of service except lack of benefit or loss of utility as such I find that the claimant would have to file the complaint before Anti-corruption police because this court cannot grant the compensation due to limited jurisdiction under consumer law.
10. In accordance with above discussion, the complaint is hereby disposed off by way of return.
11. Parties are left to bear their own costs.
12. This order would become final u/s 34 of PCP Act 2005, if the appeal is not preferred within period of 30 days u/s 33 of PCP Act 2005 & Rule 18 of PCP Rules 2009 in accordance with the Rules of Procedure of Honourable High Court.
13. The file of this complaint is to be consigned to the record room of this court 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. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.