1. Briefly, the claimant Dawood Zeeshan along-with his brother Abdul-Rehman purchased a Mobile Phone Set L.G KG-290(357456017460570) against consideration of Rs.6100/- from M/s. Selecto Mobiles, located at Katchary Bazar, Faisalabad through his owner / proprietor on 04.01.2008 vide sale invoice No.24898. The claimant was also handed over warranty card No.2784533 of the purchase for the period of one year from June, 2008 to June, 2009. However, the Mobile Phone started to create problems in July, 2008, hence, the claimant visited the defendant's shop to register his complaint there but he did not pay heed to the claimant's request causing mental agony and embracement to him. Under such circumstance, the claimant has lodged this claim for return / replace of defective Mobile Set or its price Rs.6100/- besides the compensation / damages Rs.5000/-, counsel fee Rs.11,000/- total amount of Rs.22,100/-, after delivery of legal notice to the defendant through Pakistan post.
2. Although the defendant was served through his servants but none appeared for him on 20.09.2008 therefore he was proceeded ex-parte. On 24.09.2008 the claimant has produced his ex- parte evidence wherein he got recorded his statement as PW-1, adducing his affidavit EX.PW-1/1, sale invoice EX.P-1, warranty card as EX.P-2, receipt of Pakistan Post as EX.P-3, receipt of counsel fee as EX.P-4 and copy of legal notice Mark-A. However, in order to avoid complications notice was also issued to the defendant through registered cover Envelop A.D as a final resort requiring him to defend the case if so desired.
3. On 29.09.2008 the defendant / proprietor Mian Aftab Ahmad submitted petition for setting-aside ex-parte proceedings against him through his special attorney Muhammad Saleem on the ground that he came to know about lodging of this claim on receiving above said notice on 27.09.2008 that, therefore, he may be provided an opportunity of hearing. After obtaining written reply of this petition and on hearing arguments it has been disclosed that the defendant / proprietor of M/s. Selecto Mobiles, Mian Aftab Ahmad was served through his servants Shabbir, Manager, Muhammad Zahid and senior servant Zulfiqar for different days of hearing but the defendant has made no denials in the petition the above said persons are not his authorized servants to work in his Selecto Mobile Center. Therefore, it is crystal clear to my entire satisfaction that non appearance of defendant in this claim to pursue the matter was advertent. Mian Aftab Ahmad the proprietor of Selecto Mobiles has not even dared to appear in person in this court showing lack of his interest. The petition for setting-aside the ex-parte proceedings is hereby dismissed accordingly.
4. From the evidence in the absence of any evidence in rebuttal on record as produced by the claimant in support of his version, it has been disclosed that the claimant purchased Mobile Phone Set L.G. KG-290 from the defendant's shop against the consideration of Rs.6,100/- with the warranty card for a period of one year, that before expiry of warranty period the Mobile Phone Set became out of order but that the defendant flatly refused to redress the claimant's grievances despite repeated requests causing him physical and mental torture as he has also to suffer monitory losses to incur expenses for counsel fee. Accordingly, the claim is hereby accepted. The defendant is directed to return / replace the Mobile Set or its price Rs.6,100/-, to pay Rs.5,000/- as compensation / damages due to defendant's faulty services and to pay further amount of Rs.11,000/- as legal expenses i.e total amount of Rs.22,100/-. The defendant shall pay the above said amount to the claimant within a period of thirty days, otherwise, he shall be dealt with U/S.32 (2) of the Punjab Consumer Protection Act, 2005. With these observations file be consigned to the record room after its due completion.