1. The complainant filed the instant complaint against the respondent stating that he was running the business of ceramics raw material while respondent was carrying courier services namely PDHS and he booked ceramics powder weight 31 Kg of value of Rs.180000 in the name of Muhammad Sohail Peshawar Ceramics P.O Box No.37056 Industrial Estate No.2 Sharjja UAE, on 15- 07-08. The respondent received Rs.13750/- as service charges and the consignment has to be delivered within 72 hours but uptil now no delivery had taken place. The respondent has asked to make return the price of raw material alongwith service charges Rs.13750/- but he refused to do so.
He further stated that he had a good will in the business community and due to conduct of respondent his business relation with Muhammad Sohail was also disturbed. He had to suffer monetary loss in addition to this Muhammad Sohail also filed a claim against him for which respondent was responsible. He claimed actual price of raw material, return of service charges and compensation.
2. The respondent did not appear in the Court despite of his service through process server and registered letter AD, therefore, exparte proceedings were initiated against him and case was fixed for exparte evidence.
3. In exparte evidence the complainant appeared as PW1 who reiterated the same version mentioned in the complaint. He produced receipt of Courier Company as Exh. "PA", copy of legal notice as mark "A", receipt of Post Office Exh. "PB" and AD Exh. "PC". Waqar Azmat appeared as PW2 and stated that the complainant used to purchase ceramics material from him and receipts Exh.PD/1to3 were issued by him and also singed by him. The complainant also produced Exh."PE" in his support.
4. In view of the exparte proceedings and corroborative oral as well as documentary evidence of complainant I have left with no option except to believe the version of complainant as there is no rebuttal on the file against the version of complainant, therefore, I hold that respondent is guilty for providing the defective services to the complainant, therefore, the complainant is entitled to get relief from this Court, hence, the complaint is partially accepted in the following terms that:-
1. Respondent is liable to refund Rs.13250/- to the complainant which he received as service charges.
2. Respondent is also liable to pay Rs.180000/- as a price of booked ceramics material to complainant.
3. Respondent is also liable to pay Rs.10000/- as legal expenses to complainant.
4. Respondent is also liable to pay Rs.20000/- as a fine for providing defective services which shall be deposited in the state treasury.
5. So far as the claim of complainant regarding the damages is concerned suffice to say that he has not produced any evidence, therefore, it is declined.
The respondent would be liable to pay all above payments, within 30 days of announcement of this judgment without fail. The Registrar of this Court is directed to send a copy of this judgment to the respondent for compliance.