1. The complainant has filed the instant complaint against respondent stating that he is running business of retail and an hole sale of spicies and on 09-02-10 he purchased 2 bags of 40 Kg each of Chilies of Rs.4400/- and one bag of 40Kg of turmeric of Rs.1400/- total Rs.5800/- against the receipt No.62. He further stated that from above said items he took 2 Kg chilies and 1/2 Kg turmeric for his domestic use and when he used the same for cooking food, the taste of food was not good.
He further stated that he also supplied the same chilies and turmeric to the different shops due to the above said substandard items his reputation was damaged in the market. When he made a complaint to the respondents but they did not redress his grievances upon which he sent a legal notice to the respondent but they did not respond to it. He claimed return of price Rs.5800/- of above items and Rs. 2000000/- as damages.
2. The respondents submitted their written reply where they raised preliminary objections regarding maintainability, malafide, cause of action, limitations and special cost. On facts they denied version of the complainant and prayed for the dismissal of complaint.
3. On 02-06-10 the Court sent the sample of chilies and turmeric already produced by the complainant in the Court to the Public Analyst, Govt. of the Punjab Lahore for inspection and report.
The report was received on 16-06-10 in the Court. After the failure of pretrial reconciliation proceedings the complainant was directed to produce the evidence. Both the parties produced the evidence in their support.
4. The complainant appeared as PW1 and reiterated the same facts as mentioned in his complaint.
He produced receipt of purchased goods as Exh."PA", visting card of respondent as Exh. "PB", receipt of TCS as Exh."PC", copy of legal notice mark "A" and complainant closed his evidence.
5. On the other hand respondent No.1 appeared as RW1 and produced Nazir Ahemd as RW2 and they denied the allegation of complainant. He produced attested copy of an application Exh. "RA" and closed his evidence.
6. I have heard the counsel for the parties and gone through the record.
7. In this case the report of the Public Analyst, Govt. of the Punjab Lahore is material evidence against the respondents which supports the version of complainant, therefore, in view of the oral as well as documentary evidence of complainant. I am of the considered opinion that complainant is entitled to get some refilled from this Court because the report of the Public Analyst, Govt. of the Punjab Lahore regarding the Red Chilies is negative against the complainant, therefore, the complaint to the extent of Red Chilies is hereby rejected. The complainant is directed to take the bag of Red Chilies already deposited in the office of Registrar of this Court. The complaint is partially accepted to the extent of substandard turmeric in the following terms that:-
1. The respondents would be liable to return Rs.1400/- as price of defective turmeric to the complainant.
2. The respondents would also be liable to pay Rs.2500/- as counsel fee and Rs.1000/- as legal expenses of proceedings total Rs.3500 to the complainant.
3. So far as the claim of complainant regarding the damages is concerned suffice to say that, no evidence is available on the record, therefore, it is declined.
5. The defective turmeric is confiscated in favour of State and the Registrar of this Court is directed to destroy the defective turmeric after satisfaction of decree till then be kept in safe custody.
The respondents would be liable to pay all above payments, within 30 days of announcement of this judgment without fail.