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The General Damages could be Awarded by Consumer Court for the Mental Distress caused by Defective Services, even if no Specific Financial Loss is Claimed --- Lahore High Court

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The General Damages could be Awarded by Consumer Court for the Mental Distress caused by Defective Services, even if no Specific Financial Loss is Claimed --- Lahore High Court

Islamabad 20-08-2024: The Lahore High Court has dismissed an appeal filed by Tranzum Courier Service (TCS) Private Limited, upholding the decision of the District Consumer Court, Sialkot, which had ordered TCS to compensate a government school teacher, Samreen Boota, for the loss of her educational documents during transit.

The case revolved around a shipment of original educational certificates that Boota had sent through TCS for verification by the Higher Education Commission (HEC). The documents were reported missing upon delivery, leading Boota to file a complaint under the Punjab Consumer Protection Act, 2005. The District Consumer Court had directed TCS to return the booking price and pay Rs. 150,000 as damages for the mental agony caused by the loss.

TCS argued that Boota’s claim was barred by the 30-day limitation period specified in Section 28(4) of the Punjab Consumer Protection Act, 2005. The company contended that Boota had acquired knowledge of the defective service on June 13, 2022, but failed to file the claim within the prescribed period. However, the High Court found that the cause of action accrued on July 21, 2022, when Boota was officially informed about the loss of her documents. The claim was filed within the permissible period, and the Court dismissed the limitation argument as baseless.

The appellants also challenged the validity of the claim on the grounds that Boota did not serve a legal notice to TCS, a requirement under Section 28(1) of the Act. The Court found this argument unconvincing, as evidence showed that the required legal notice was duly served.

In addressing the quantum of damages, the Court reaffirmed that general damages could be awarded for the mental distress caused by defective services, even if no specific financial loss is claimed. The Court referenced the previous case of “TCS (Private) Limited Vs. Mst. Haseena Begum” (PLD 2022 Lahore 524), affirming that the Rs. 150,000 awarded to Boota was reasonable and proportionate to the harm suffered.

The High Court’s decision underscores the importance of adhering to consumer protection laws and reaffirms the rights of consumers to seek redress for defective services. TCS’s appeal was found to have no merit, and the original judgment was upheld in its entirety.

The case serves as a significant reminder for service providers about the legal obligations under the Punjab Consumer Protection Act, 2005, particularly concerning the handling of consumer complaints and the importance of timely and adequate responses to avoid legal consequences.