CLAIM FOR THE RECOVERY OF RS. 3,50,000/- UNDER THE PUNJAB CONSUMER PROTECTION ACT 2005.
1. The claimant filed the instant claim for recovery of Rs. 3,50,000/- under the Punjab consumer Protection Act 2005 for physical and mental agony and financial loss suffered by him.
2. The claimant purchased one kg. Sweets from the defendant i.e Cakes & Bakes. The said sweets were defective and substandard. The claimant took it and suffered from food poisoning. He had to be shifted to DHQ, Hospital Sahiwal where he remained under treatment for a long time. The claimant had incurred a lot of money on his treatment. He also claimed that he had to undergo a physical and mental torture and sufferings for which he claimed Rs. 3,50,000/- as damages.
3. Previously, on 14-07-11 the claim was decided exparte because defendant failed to participate in the proceedings. The court then seized of the matter, after perusals of oral as well as documentary evidence produced by the claimant, accepted the claim to the extent of Rs. 24,3,82/- besides passing other instructions to the Authority concerned.
4. Today no one appeared on behalf of the defendant. Therefore, he is proceeded against exparte.
The claimant present in the court submits that he had no objection if his claim is accepted in terms of judgment dated 14-07-11. However, if the defendant appears in court at latter stage for setting aside this order then he would pray for his entire claim. He also relied upon his evidence already recorded on 13-07-11 during proceedings of previous litigation when the order dated 14-07-11 was passed, claimant had produced his entire oral as well as documentary evidence which is available on record.
5. The defendant has not appeared in the court due to any reason therefore, he is proceeded against exparte.
6. Keeping in view the oral as well as documentary evidence already available on record and statement made by the claimant today in the court regarding which his signatures have also been obtained, the claim is accepted in terms that the defendant shall pay Rs. 24,3,82/-to the claimant within 30 days from passing this order. The Authority is hereby directed to ensure that Health Department makes proper arrangements so that no one may sell harmful eatable products to the innocent people of the society and that they may not suffer health problems in future. Surprise visits to take samples of eatable items shall be made. The sample received from such stores shall be sent for analysis and further steps shall be taken in the light of reports of laboratories. The Registrar of this court is directed to dispatch the copy of the orders to the defendant for immediate compliance.