1. Version of claimants is that they are consumers under defendants Nos. 2&3 (hereinafter to be called the contesting defendants); since 3 or 4 months there was a service problem in supply of Sui Gas as compared to other consumers in same vicinity; despite many complaints, contesting defendants did not take any action hence they were liable for defective services; claimants also served legal notice to contesting defendants but it was not responded. Claimants had prayed for issuance of order to contesting defendants for payment of Rs. 5,00,000/- (five Lac) to claimants.
2. Contesting defendants submitted joint written statement where objections of maintainability of claim and jurisdiction of this Court were taken. It was also stated that in view of sale agreement between parties contesting defendants were not liable for any compensation on account of non- supply of Gas to claimants.
3. On the last date of hearing arguments of both sides were heard.
4. Admittedly, sale agreement was executed between Irshad Masih/claimant no. 1 and contesting defendants. On Court's direction its copy was placed on file and also supplied to claimants counsel. It is an undisputed document between two sides under their signatures. Its clause 21 is quite relevant hence reproduced as under: - "As the production of Gas is from wells, purification plants and conveyance of it over long distances are subject to accidents, interruptions and failures and the lines to breaking, freezing and closing, which cannot be foreseen or prevented by any reasonable care or expenditure and the supply of Gas and transportation facilities therefore are limited, the Company does not be this Contract undertake to furnish to the Consumer a full and uninterrupted supply of Gas but only to furnish such supply and for such length of time as it reasonably can, and it is expressly agreed by the Consumer that the Company shall not be liable for any loss, damage, or injury that may result either directly or indirectly due to interruption in the supply of Gas, or in the discontinuance thereof from any cause whatsoever. The company shall in its sole judgment have the right to reduce or interrupt or completely suspend Gas supply due to any of the aforesaid reasons to its Consumers and shall be the sole judge with regard to such conditions"
5. Section 16 of Punjab Consumer Protection Act, 2005 (hereinafter to be called the Act) is about duty of disclosure which reads as under: - "Where the nature of the service is such that the disclosure of the capabilities or qualifications of the provider of the service or the quality of the products that he intends to use for provision of the service is material to the decision of the consumer to enter into a contract for provision of services, the provider of services shall disclose the same"
"Notwithstanding anything contained in sub-section (1), the Government may, by general or special order, require such disclosure in any case"
6. In view of specific clause of agreement mentioned earlier, it is established that contesting defendants had disclosed the capabilities and qualification of services and once agreement was signed by claimant no. 1, it means that he had undertaken for application of said clause against him.
7. It is not a fact of denial that country is under serious challenge of energy crisis which includes shortage of Gas. Question of defective or faulty services shall arise only when it is in exclusive domain of services provider and he has full control over the same. Concededly production of Gas is from wells being a natural resource hence no one can say that contesting defendants have absolute control for supply of Gas to their consumers.
8. In view of above objection of maintainability of claim raised by contesting defendants is upheld and this claim is hereby dismissed. No order as the costs. File shall be consigned to record room after its due completion.