COMPLAINT ABOUT FAULTY SERVICE
2. The claimant is aggrieved by the printing of the picture of distorted lips on the packing of cigarettes relating to all the companies in the whole country by raising the objection that no such restriction imposed by the Ministry of Health of Pakistan is imposed by the other countries. It is alleged that the claimant is caused mental tension by the dirty picture. He has requested for removal of the objectionable picture from all brands of cigarettes packets. Two samples of vacant packing of the cigarettes of foreign countries have been attached by the claimant.
3. The complaint has been contested by the filing of the reply by EDO Health Layyah in the form of a report to the effect that the case is related with Ministry of Health and manufacturer of that brand and that the dirty picture is most probably squamous cell carcinoma lip which usually occur in cigarette smokers.
4. I have observed that since EDO Health appears to have no power to remove the disputed picture from the packets of the cigarettes while prior notice is necessary to be issued by the claimant directly to the concerned party i.e Ministry of Health Government of Pakistan which is not shown to have been issued in the present case to the said Ministry as such the complaint is proper to be disposed off by way of return with the option for filing after issuance of required notice in accordance with S.28 of PCPA 2005.
5. In accordance with above mentioned legal point, the complaint is hereby disposed off by way of return.
6. The sample packets attached with the file of the present complaint are liable to be returned to the claimant on demand under receipt by entry in the concerned register.
7. The parties are left to bear their own costs.
8. 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.