COMPLAINT ABOUT FAULTY SERVICES OF STATE DEPARTMENTS
2. The court is on tour at Layyah.
3. The case is at the stage of the arguments. I have heard the arguments and perused the file in the light of the arguments. Now I proceed to discuss and dispose off the complaint by discussion in the following paragraphs.
4. Briefly stated the claimant has voiced his grievances about various problems being faced by him but the present complaint is being taken up only about his grievance with the Municipal Library with the observation that the claimant may file separate cases about each cause of action in proper courts if so required while the present complaint being mainly about his grievance about the staff of the library is proper to be disposed off only to the extent of the said library staff.
5. The grievance of the claimant against the staff of the Municipal Library is to the effect that he is tax-payer; that he has been deprived from reading the newspapers in the said library; that he has not been allowed to consult with the book named FerozulLughat; that it was stated by Naib Librarian namely Yahya that what he could have done anything to them about the dispute of his house; that the staff of the library was hostile against him because they are employees of local government and the claimant is in litigation with the same as detailed in the complaint; that the required book was available in the library but it was stated that it was issued out; that the material available in the library is not being provided to the readers for study; that the claimant was manhandled by the staff of library and by the unknown hired helper of the said staff on his protest against misconduct of the employees of the library; that it should be treated as terrorist activity.
The claimant has mentioned the names of Yahya Assistant librarian, Akhtar librarian, Abbas Raza employee, Shahzad Naib Qasid, Maqbool Chowkidar. He has requested for taking legal action against the said employees and also requested for the recovery of Rs.50 Lakh each from the said staff as damages.
6. The complaint has been contested by Mohammad Yahya Assistant Librarian by filing his written statement. He has raised certain preliminary objections about cause of action and special costs and contended that the claimant is not the regular member of the library; that no book can be issued to him; that he has never been prohibited from reading the books and newspapers in the library; that he visits the library without gap almost daily and studies the newspaper; that the books cannot be issued to him unless he becomes regular member; that the claimant would not be deprived from reading the books and newspapers while sitting in the library; that the complaint is incorrect, baseless, against the facts, not maintainable and liable to be dismissed. He has requested for dismissal of the complaint with special costs.
7. 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.
8. 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.
9. 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.
10. 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 & 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 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 law of consumers.
11. I have observed that since the librarian has given his undertaking in the written statement to the effect that the claimant would not be deprived from reading the books and newspapers while sitting in the library and it is evident that the librarian would also have no objection if the claimant applies for becoming regular member of the library.
12. As far as the allegation of manhandling by unknown person is concerned, I find that the claimant has described him as an outside helper of the staff of the library. The claimant is therefore entitled to file criminal complaint before Area Magistrate for criminal action against such person who was not the employee of the library.
13. As far as the request of the claimant about all proceedings to be conducted in Urdu language is concerned, it is observed that the stenographer of this court is not well conversant with Urdu typing as such the order is being passed in English language.
14. In accordance with above discussion, the complaint is partly accepted and direction is issued to the defendant to provide the facilities to the claimant without any hostility just like the facilities being provided to other non-members for the reading of the books and newspapers in the library and to remain careful in future while the complaint is dismissed to the extent of the recovery of damages etc.
15. Parties are left to bear their own costs.
16. 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.
17. One attested copy of this order is directed to be provided to the claimant and one copy to the defendant on filing the applications without court fee tickets on plain papers free of costs by entry with signatures in token of receiving in Dak Register with the clarification that extra copies would be liable to be issued at their own expenses.
18. 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.