1. Contention of learned counsel for the complainant while referring the Photostat copy is of the draft regarding payment to the respondent Airline is that as payment was made from Gujranwala district, so, part of cause of action has arisen at Gujranwala. Further contends that as the effected persons reside within Gujranwala district, so the instant complaint has been rightly filed before this Court. Reliance is placed on PLJ 2011 Karachi 52, PLJ 2006 Lahore 830, 2000 CLC 1405 Lahore and 2010 CLC 389 Karachi.
2. Record perused. Instant complaint has been filed by Awais Khan Chief Executive Officer, Karwaan- e-Abu Dawood (Pvt) Ltd Haj Service Providers, Makkhah Chowk, Rasool Nagar Road, Alipur Chattah Gujranwala against Shaheen Airline having Head office at Karachi with the accusation that inspite of booking of seats on 22-09-12 and 02-11-12 respondent's Airline at the eleventh hour have changed the dates as 23-09-13 for departure and 03-11-12 for return which has caused not only inconvenience but monetary loss. Complainant has claimed Rs.5000000/- as compensation.
3. After going through the record and law on the subject, I do not find myself with the learned counsel for the complainant, Photostat of Hajj ticket booking reveals that earlier date provided for departure was on 22-09-12 and for return 02-11 12 which later on it was changed as 23-09-12 and 02-11-12. Undisputedly the said booking, on contact, was made from Karachi where respondent's Airline has its head office. Although drafts for the payment were prepared from district Gujranwala but perusal reveals that payment was to be made by the branches situated at Lahore. No doubt placed of payment is considered as part of cause of action but the preparation of draft is not the substitute particularly when the amounts through these drafts were to be paid at Lahore.
4. The other ground for assumption of jurisdiction at Gujranwala regarding residence of effectives person at Gujranwala is concerned the same is stranger to the law of the land, as under section 27 of Punjab Consumer Protection Act, 2005 which is the verbatim copy of section 20 of CPC, it is the residence and place of business of the respondent which determine the place of jurisdiction. Case law relined upon by learned counsel for the complainant is not found attracted as facts are quite distinguishable In view of what has been discussed above, this Court lacks jurisdiction, so, the instant complaint is not found maintainable before this Court and is dismissed. File be consigned to record room after its due completion.