CLAIM UNDER SECTION 25 OF THE PUNJAB CONSUMER PROTECTION ACT 2005.
1. Claimant moved the present claim against the defendant for the compensation of Rs. 3,00,000/- (Three lac rupees) and costs. According to the version of the claimant that he is an editor of Magazine Monthly Gohrab Sahiwal. He used to print his Magazine from the Farida Printing Press and when that press became out of order, he contacted to the defendant to print his Magazine on 07- 02-2011. Claimant placed order to the defendant for printing his Magazine. The oral agreement with him were of 525 copies to the tune of Rs. 14,000/- (Fourteen thousand rupees) out of which Rs.
11,000/- (Eleven thousand rupees) had been paid to the defendant by the claimant . Defendant used substandard papers neither the printing nor the binding of magazine was up to the mark. The agreed copies were also not delivered by the defendant. The claimant called the defendant's attention about his negligence and it was required to him that Monthly Gohrab be printed accurately and agreed copies be delivered to him but defendant lingered on the matter for which claimant suffered mental loss and as well as loss of Journalistic good will. Allegedly delivered copies were also substandard and badly printed. The claimant severed legal notice on the defendant but he did not response hence the present claim.
2. The defendant was summoned and served upon personally through registered post envelope.
Defendant did not appear before the court to submit his reply and to put up his defence against the allegations leveled by the claimant in his claim. In this situation this court in the best interest of justice and to provide proper opportunity of defence to the defendant ordered to substituted service through daily "Din" Lahore. Defendant was served upon through substituted service but he did not turn up hence was proceeded against exparte vide orders dated 25-05-2011.
3. Claimant recorded his statement as PW-1, copy of the legal notice as Ex-P1, Monthly Gohram Magazine one copy as Ex -P2, post office receipt as Mark A and closed the claimant's exparte evidence.
4. Arguments heard. Record perused.
5. Claimant appeared in the witness box as Pw-1 and deposed that he paid Rs. 11000/- (Eleven thousand rupees) to the defendant for printing his Magazine. He further deposed that neither the printing of the magazine nor its binding was up to the mark. During his evidence he produced copy of the Gohrab Magazine as Ex -P2 which clearly reflects that printing was substandard, binding was also not up to the mark. There is no rebuttal from the other side. Claimant has proved his case to the extent that defendant provided defective and faulty magazine to the claimant and also provided defective services and made bait advertisement. So the defendant is directed to return amount of consideration paid by the claimant to the tune of Rs. 11000/- (Eleven thousand rupees) to the claimant alongwith Rs. 5000/- (Five thousand rupees)as litigation charges and costs which the plaintiff has born due to defective and faulty services of the defendant.
6. As far as the damages to the tune of Rs. 3,00,000/- (Three lac rupees) is concerned, claimant has absolutely failed to produce any single document or evidence to prove that damages. As the claimant has failed to prove these damages so they cannot be granted. Onus to prove damages always on the shoulders of the aggrieved person. Simply to say that damages be granted is not sufficient in the eyes of law to grant damages hence this extent claim is rejected.
7. To sum up, defendant is directed to return amount of consideration paid by the claimant to the tune of Rs. 11000/- (Eleven thousand rupees) to the claimant alongwith Rs. 5000/- (Five thousand rupees)as litigation charges & costs which the plaintiff has born due to provision of defective and faulty magazine to the claimant by the defendant. The Registrar of this Court is directed to send copy of the orders to the defendant and to the Directorate of Punjab Consumer Protection Council for the purpose of compliance of Rule 25 ibid.
8. File be consigned after its due completion.