1. Briefly stated contention of claimant Junaid is that he got booked a parcel through TCS on 19.6.14 for Islamabad subject to payment of Rs.400/-. Nine suits worth Rs.19,600/- were sent through this parcel which were to sent to America from Islamabad through Aunt of claimant but she was to departure on 24.6.14 for America from Islamabad. Above said parcel did not receive at Islamabad, its compensation could not be assessed in terms of money further for disposal of this petition, sum of Rs.1,00,000/- is assessed as compensation for mental torture, so caused by respondent's "Faulty Service" alongwith recovery of the above said clothes.
2. Respondents contested the petition on legal and factual grounds submitting that TCS was Private Limited Company having legal entity, so it was to be suited through its "General Manager who was actual service provider. When actual service provider had not been impleaded, suit against "Area Manager" , Bahawalpur was not maintainable and petition was opt for "non- joinder" of necessary party. Respondent who has been impleaded who just salaried person having no authority.
3. It was maintained that petition is badly barred by time because in this case, cause of action has arisen since 26.6.2014.
4. Legal notice was to be served within fifteen days but in this case, same has been served on 7.7.14 and the petition in hand has been filed on 25.9.14, so it is badly barred by limitation.
5. On facts, it was maintained that parcel had received at Islamabad on 21.6.14 but due to invalid telephone number, it could not be delivered at the time and when after a great delay of efforts it was taken to the house of the consignee, he refused to receive the same saying that now he shall receive the same through Court, so in this way, petition is not sustainable, merits dismissal with cost.
6. An application for dismissal of petition was also moved on the point of "limitation and non-joinder" of parties.
7. Arguments of Mohammad Akhtar Munir Pirzada Advocate for claimant and that of Sardar Dost Mohammad Chandia Advocate on behalf of respondents has been heard, record perused.
8. From perusal of record it is found that it is a Consumer Court meant for protection of rights of the consumer and in this way consignment was got booked through TCS, Bahawalpur and its destination was Islamabad. Consignment was never delivered to the claimant. Technically objection, so raised by the respondents in view is not sustainable because it is not a civil matter in which General Manager of TCS to be impleaded rather it was a matter of rights of consumer and concerned person was the "Area Manager" posted at Bahawalpur.
9. It is hard fact that consignment has not been delivered even up till now, so in this way, I am of the opinion Area Manager, TCS, Bahawalpur was "Service Provider" for of directly purposes and has failed in performance of his duty which is "Faulty Service" on the part of respondents.
10. For just disposal of the petition, respondents are directed to deliver the parcel to the claimant at Bahawalpur and further a sum of Rs.10,000/- is imposed for providing "Faulty Service" as compensation for mental torture and agony as claimant has suffered and as cost of litigation. The petition so moved by the respondents for rejection of claim stands dismissed for the reason fully discussed above. File be consigned.