1. Ch. Jawad Ghani Cheema filed this complaint stating that on 15-12-08 he purchased an Instant Geezer from M/S Hadi Electronics Gujranwala for a consideration of Rs. 3600/- against receipt No. 582 of even date issued by the respondent. The capacity of the Instant Geezer at the time of sale was mentioned as 8 liters of water but when it was used the same was found to have the capacity if 5 liters of water. Hence, respondent by way of misrepresentation fraudulently sold Geezer of 5 liters capacity in lieu of a Geezer of 8 liter capacity. Respondent was summoned by the court but he did not choose to appear before the court inspite of due service so vide order dated 04-03-09 he was proceeded exparte. Complainant in order to establish his claim himself appeared as "PW1" and produced Zaheer Ahmed as "PW3", he produced cash memo/receipt of the Geezer in question Exhibit "PA", receipt of issuance of legal notice Exhibit "PC", certificate of professional fee Exhibit "PD", photo copy of legal notice mark "A" . Muhammad Boota S/o Sher Ahmed Instructor Govt. Vocational Institute Gujranwala appeared as "PW2" who proved his report Exhibit "PB".
2. Arguments heard and record perused.
3. Case of the complainant is that respondent M/s Hadi Electronics Gujranwala received Rs 3600/- as a consideration for Instant Geezer having 8 liter capacity and handed over to him the Geezer of 5 liter Capacity. Exhibit "PA" is a receipt issued by the respondent showing Instant Geezer 8 liter and an amount of Rs. 3600/-. During the course of trail, in order to ascertain the size and storage capacity of the Geezer this Court deputed Technical Expert, Instructor Govt. Vocational Institute Gujranwala who while appearing as "PW2" proved his inspection report Exhibit "PB" according to which capacity of Geezer is 5 liter. Zaheer Ahmed PW3 stated that he was present at the shop of the respondent when the complainant purchased the Geezer. According to this PW respondent told at that time that the Geezer contains 8 liters capacity, Mark "A" copy of the legal notice and Exhibit "PC" courier receipt shows that respondent was apprised of the grievances of the complainant but without any fruitful result.
4. From exparte evidence of the complainant discussed above contention of the complainant is proved. There is nothing in rebuttal. The respondent by way of false and deceptive statement sold Instant Geezer to the complainant of a less capacity then the promised capacity (5 liters instead of 8 liters). The respondent is found guilty of violation of the provision of section 21(a) read with section 32 of the Punjab Consumer Protection Act, 2005. So respondent M/s Hadi Electronics Gujranwala is convicted under section 21(a) read with 32 of Act, ibid and is awarded punishment of fine of Rs. 10,000/- besides, respondent is directed to replace the product/Instant Geezer with new Geezer of 8 liters capacity or return the complainant price paid by him. Respondent is also held liable to pay Rs. 1000/- cost of litigation expenses alongwith Rs. 500/- fee of Technical Expert paid by the complainant alongwith Rs. 2000/- as counsel fee. All these payment shall be made by respondent forthwith. File be consigned to the record room after its due completion.