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Mohammad Nawaz Khan vs Mohammad Ishaq Mustoi

CourtDistrict Consumer Court
Case No.Complaint/ Case No: 1251/593/10.
Date2011-04-13
Judge(s)Mirza Jawad A. Baig
ResultN/A

1. COMPLAINT ABOUT DEFECTIVE PRODUCT The case is at the stage of documentary evidence of the claimant and payment of costs but since no body has appeared today on behalf of the claimant throughout the working time on this date as such it is proper to postpone the proceedings of the complaint without fixation of any date with reference to Rule 14 of PCP Rules 2009 with the condition that the complaint would be deemed to be dismissed after expiry of the period of 30 days.

2. However the claimant would be entitled to resumption of the proceedings by filing formal application which would be liable to be accepted without issuance of any notice to the defendant subject to the payment of Rs.100/- per day as costs payable to the defendant if filed within 30 days but if the said application is to be filed after 30 days then the claimant would have to pay Rs.5,000/- as costs to the defendant in addition to the deposit of Rs.5,000/- as fine in favour of the government of Punjab for causing the delay in the matter in Government treasury in the following head of account:- (C02955-Penalties under Punjab Consumer Protection Act, 2005).

3. It is clarified that the claimant would be liable to pay the costs and the fine even if he would not file the application for restoration of the present file while the defendant would be entitled to get this order implemented by filing a formal application for implementation of this order after expiry of the period of 60 days, if no application for resumption of proceedings or restoration of the present file is moved by the claimant during the said period.

4. This file would be kept intact by the Ahlmad without page marking and without preparation of index for the period of 30 days and to be consigned by page numbering and preparation of proper index after the said period by treating the same as having been disposed of by 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.

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