1. Briefly, Muhammad Saleem, Sales Man as M/s. Selecto Mobiles, Katchary Bazar, Faisalabad sold a Sony Erickson Mobile Set, Model No. K-850i to the claimant against the consideration of Rs.26,500/- on 22.03.2008 from the shop of defendant No.1 under the name and style M/s. Selecto Mobiles situated at Katchary Bazar, Faisalabad. The defendant No.1 received the sale amount from the claimant. After sailing the said Mobile Set, the defendant No.2 detached the perforated portion of warranty card. However, the Mobile Set became out of order on 10.06.2008. The claimant went to the defendants to replace the Mobile Set but they flatly refused to do so. Even after several visits of the shop of the defendant No.1. The defendant No.2 issued writing on the back side of the visiting card of the M/s. Selecto Mobiles, Katchary Bazar, Faisalabad, put his signature on it and handed it over to the claimant but short time a few days on 20.06.2008 the defendant issued the computerized invoice regarding the sale dated 22.03.2008 but refuse to replace the Mobile Set with threats of dire consequences to him. Under such circumstances, the claimant has submitted this case before this court for redressal of his grievances after issuing of legal notices against the respondents to replace the defective Mobile Set or its price Rs.26,500/- besides the compensation / damages occurred due to their faulty and defective services Rs.75,000/- including the Advocate fee Rs.11,000/-. The defendants were served summonses but no one appears on their behalf, hence, they were proceeded ex-parte on 16.08.2008. In his ex-parte evidence the claimant has submitted his affidavit as EX.PW1/1, receipt of sale dated 22.03.2008 but issued on 26.06.2008 as EXP-1, visiting card of the defendants EX.P2 with the writing of the defendant No.2 along-with the signature on its back EX.P3, receipt dated 28.06.2008 EX.P4, copy of the legal notice 28.06.2008 EX.P5, receipt of Courier Service (T.C.S) 28.06.2008 EX.P6, copy of legal notice EX.P7, receipt of Courier Service (T.C.S)
EX.P8.
2. Arguments heard, record perused.
3. The claimant has fully corroborated the contents of the claim in his affidavit EX.PW1/1. There is no evidence in rebuttal. It appears that the defendants have handed over faulty and defective product to the claimant and gave him threatened cause mental torture.
4. Under such circumstances, the claim stands proved. Therefore the defendants shall return the Mobile Set in working condition to the claimant otherwise shall pay 26,500/- as value there off. The defendants shall also pay Rs.10, 000/- as Advocate fee and Rs.5000/- as compensation to the claimant with in thirty days, otherwise, they shall be dealt with U/S.32 of Punjab Consumer Protection Act, 2005. With these observations file be consigned to the record room after its due completion.