1. The complainant has filed the instant complaint against respondent stating that he saw the advertisement on T.V of STS Scalp Med a product for hair growing upon which he placed an order on phone No.0301 2092979 and the respondent delivered the same product in his office and issued a receipt. He further stated that when he opened the pack of product the oil was 125ML instead of 200ML when he made a complaint to the respondent he told him that he would give one more bottle of 125ML after three weeks in this price. According to the warranty card the hairs of complainant were grown within three month otherwise the respondent would return the price. He further stated that despite of continuous use of above said product according to the prescribed method no growth occurred in hairs and no new hairs came on bald head. He further stated that respondent sold him a fake product by mis-presentation. Respondent refused to return back the price of said product according to the warranty card when he was approached. On the refusal, respondent was served a legal notice on 30-09-10 but he did not respond to it. He claimed Rs.100000/- as damaged and Rs.5500/- as counsel fee.
2. The respondent submitted his written reply where he raised preliminary objections regarding maintainability, malafide, cause of action, limitations and special cost. On facts he denied the version of complainant and prayed for the dismissal of complaint.
3. Subsequently on 07-02-11 respondent disappeared form the Court, therefore, exparte proceedings are initiated against him.
4. In exparte evidence complainant submitted his affidavit wherein he reiterated the same facts as mentioned in his complaint. He produced purchased receipt as Exh."P1", Warranty card as Exh. "P2", Acknowledgment due as Exh."P3" receipt of post office as Exh."P4", copy of I.D card of respondent as mark "A" and closed his evidence.
5. I have heard the counsel for the complainant and gone through the record.
6. In view of the exparte proceedings and corroborative evidence of complainant coupled with purchase receipt and warranty card Exh. "P1"&"P2". I have left with no option except to believe the version of complainant, therefore, I hold that respondent is responsible for supplying the defective product to the complainant, therefore, the complainant is entitled to get relief from this Court, hence, the complaint is partially accepted in the following terms that:-
1. The respondent would be liable to return Rs.2000/- as price of defective product S.T.S Scalp Med to the complainant.
2. The respondent would also be liable to pay Rs.2500/- as counsel fee and Rs.1000/- as legal expenses of proceedings total Rs.3500 to the complainant.
3. So far as the claim of complainant regarding the damages is concerned suffice to say that, no evidence is available on the record, therefore, it is declined.
The respondents would be liable to pay all above payments, within 30 days of announcement of this judgment without fail.