1. The case was fixed for attendance of the claimant. The learned counsel for the defendant No. 1 appeared in the court and started making his arguments having referred Section 2 (c), (k) and Section 15 of the Punjab consumer Protection Act 2005. According to him, the claimant was not a consumer and that the defendant also did not fall under the definition of service provider.
2. According to him, the damages claimed by the claimant cannot be granted by this Court.
3. The perusal of record would show that the learned counsel for the defendant No. 1 never appeared in the court at any stage. Perhaps, he was ignorant about the proceedings already conducted on 01-02-12. On the said date i.e 01-02-12 the joint statement of claimant and defendants Ahsan Raza and Usman was recorded which is reproduced below for convenience.
4. "Joint statement of the claimant and defendants Ahsan Raza and Usman.
5. A compromise has taken place. The defendant No. 1 shall return Photostat machine which is lying at Lahore with his Mamon / uncle Syed Rehan to the claimant. In-addition to that, Ahsan Raza shall pay a sum of Rs. 5000/- to the claimant. Like were Usman shall pay Rs. 3000/- to the claimant. This amount is being paid by both of them to the claimant as a good gesture in order to settle the dispute and not as compensation. The claimant is agreed to it".
6. Since the parties have already entered into a compromise with their mutual will and consent therefore, the maintainability of the claim could not be questioned at this stage. All the three parties are bound to act upon their joint statement recorded on 01-02-12. The claim is therefore accepted in terms that the defendant No. 1 (Ahsan Raza Khan) shall return photostat machine which is lying at Lahore with his Uncle/Mamon Syed Rehan to the claimant. In-addition to that, Ahsan Raza Khan defendant No. 1 shall pay a sum of Rs. 5,0,00/- (five thousand rupees) to the claimant. Usman, the defendant No. 2 shall pay Rs. 3,0,00/- (three thousand rupees) to the claimant. This amount shall be presumed to have been paid to the claimant as a good gesture in order to settle the dispute and not as compensation. This order shall be implemented by all the three parties within 15 days from today failing which law will take its on course.
7. File be consigned after its due completion.