COMPLAINT ABOUT FAULTY SERVICES
1. The court is on tour at Layyah. I was on leave on previously fixed date i.e., 27-03-2012 and this date was fixed by the Secretary of this court by entry in the weekly cause list of pending cases.
2. The case is at the stage of the compliance of the earlier order which is being stated jointly to have been complied by re-payment of the price and return of disputed furniture. At this stage the parties are prepared for the arguments on the merits of the case and on the objections raised in the joint written statement of the defendants which have been heard and the file has been perused. Now I proceed to dispose off the complaint by discussion in the following paragraphs.
3. Briefly stated the grievance of the claimant is to the effect that the defendants have not only refused to replace the defective furniture manufactured by them for consideration of Rs.14,000/- but also harassed the claimant by their alleged misconduct with the claimant. He has requested that the price should be repaid to him due to defective material and also requested for recovery of Rs.25,000/- as damages for mental tension.
4. The defendants have contested the complaint by filing their joint written statement in which they have raised certain preliminary objections and controverted the allegations contained in the complaint by claiming that they have good reputation in the market; that the claimant should not have picked the disputed furniture if it was not in conformity with the required standard; that the claimant has misbehaved with them; that he has threatened them for dire consequences; that the complaint should be dismissed; that they should be awarded with Rs.25,000/- or any other amount to be determined by the court as special costs.
5. It is pertinent to note that although evidence is necessary to be recorded under S.30 of PCP Act 2005 for disposal of the complaints by the Consumer Courts but since the procedural laws known as the Code of Civil Procedure, 1908; the Code of Criminal Procedure, 1898; the Qanun-e-Shahadat Order, 1984, the Bankers' Books Evidence Act, 1891; special rules of evidence u/s 118 of the Negotiable Instruments Act, 1881 are not strictly applicable to the proceedings of the Consumer Courts, as such the propriety demands that the regular evidence should not be recorded in such cases where the points for determination are mostly based on the copies of the admitted documents available in the file of the complaint or admitted in the pleadings just like the present case.
6. As far as the request for action against the defendants is concerned, it is observed that it is settled law that the manufacturer or service provider is not liable for any damages except a return of the consideration or a part thereof and the costs, specifically where the consumer has not suffered any damages from the product or provision of service except lack of utility/ benefit.
7. It is pertinent to note that the grant of damages is curtailed even under Contract Act, 1872 in which it is provided in S.73 to 75 that the damages should be proportionate to the loss and not excessive by mentioning that such compensation for loss or damage caused by breach of contract is not to be given for any remote and indirect loss or damage sustained by reason of the breach. It is an embargo placed by the general law of contracts upon the powers of the courts about grant of damages.
8. It is also observed that further embargo on the quantum of damages to be awarded by the consumers courts has been placed by the law provided in S. 4, 10, 13,14 & 15 of PCP Act by declaring that the manufacturer or service provider shall be liable to a consumer for damages proximately caused by anticipated use of the product or provision of services that have caused damage but he shall not be liable for any damages except a return of the consideration or a part thereof and the costs in such cases where the consumer has not suffered any damages from the provision of service except lack of benefit or loss of utility, while it is specified in S.14 that the standard of services would be such which a consumer could reasonably expect to obtain in Pakistan, as such I find that the claimant is not entitled to recover the damages or compensation or counsel fee or litigation charges through this court under the limited scope of the law of consumers.
9. In the present case, the defendants have readily paid the price of the disputed furniture without any objection and without any un-necessary delay at initial stage as mentioned in order dated 20- 03-2012 as such I find that the claimant is not entitled to the recovery of the counsel fee and litigation charges while the claimant would have to file regular civil suit for recovery of the damages and compensation about alleged defamation and harassment. Similarly the defendants would also be entitled to file the civil suit and or criminal proceedings about alleged threat attributed against the claimant in case of the filing of regular civil suit about alleged defamation and harassm ent by the claimant, if so required to be filed by them. It is clarified that the defendants would not be entitled to initiate any proceedings against the claimant before the institution of the civil suit by the claimant so as to avoid un-necessary litigation and to clinch the dispute.
10. In accordance with above discussion, the complaint is deemed to have been accepted to the extent of the return of the disputed furniture and return of the price thereof being already complied with on the basis of interim order dated 20-03 2012 while the complaint is disposed off by way of return to the extent of the recovery of damages and compensation and costs and counsel fee for the filing of regular civil suit if so required to be filed by the claimant.
11. Parties are left to bear their own costs.
12. This order would become final u/s 34 of PCP Act 2005, if the appeal is not preferred within period of 30 days under S.33 of PCP Act 2005 & Rule 18 of PCP Rules 2009 in accordance with the Rules of Procedure of Honourable High Court.
13. 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.