Law: Punjab Consumer Protection Act, 2005

Section: II,28,33

Punjab Consumer Protection Act (II of 2005)-------Ss.28 & 33---Courier Company---Defective service---Claim of damages--Limitation---Knowledge of defective service---Appellant Courier Company / Service Provider was aggrieved of judgment passed by Trial Court imposing damages for defective service---Appellant / service provider contended that the claim was barred by limitation and no loss was caused to respondent / consumer--Validity---For the purpose of limitation under S. 28(4) of Punjab Consumer Protection Act, 2005, knowledge attributed to claimant alleging defective service was sufficient and complete enough to constitute accrual of cause of action, which had been defined to mean every fact which will be necessary for a claimant to prove, if traversed in order to support his or her right to judgment---Legal notice was issued to appellant / service provider on 03-07-2022, and the date of accrual of cause of action---Claim was to be filed on or before 20-08-2022 and the same was filed on 18-08-2022, therefore, claim of respondent / consumer was not barred by limitation---Respondent / consumer did not claim loss under any specific head--Against total claim of over four million Rupees, general damages of Rs.150,000/was awarded under the rule of thumb and this was not arbitrary or unreasonable to compensate for the harm or mental agony suffered by respondent / consumer owing to defective quality of service provided by appellant / service provider---High Court in exercise of appellate jurisdiction declined to interfere in judgment passed by Trial Court---Appeal was dismissed, in circumstances.Messrs Pak Suzuki Motors Company Limited through Manager v. Faisal Jameel Butt and another PLD 2023 SC 482; Muhammad Khalil Khan and others v. Mahbub Ali Mian PLD 1948 Privy Council 131 and TCS (Private) Limited v. Mst. Haseena Begum PLD 2022 Lah. 524 rel.Date of hearing: 15th December, 2023.JUDGMENTRAHEEL KAMRAN, J.----Through this appeal under Section 33 of the Punjab Consumer Protection Act, 2005, the appellants have assailed vires of the judgment dated 30.03.2023 passed by the District Consumer Court, Sialkot whereby they were directed to return the booking price of…