1. Briefly, the claimant has lodged this claim for recovery of an amount Rs. 73490/- as price of the mobile, damages, counsel's fee, Misc expenses etc under section 25 of the PCPA 2005, stating therein that he purchased mobile set LG brand mobile K-195 on 21.02.2009, from the defendant's shop in lieu 0f consideration Rs. 6490/-, that the defendant also provided warranty of one year alongwith the receipt to the claimant but that the mobile set became out of order within the warranty period, hence, the claimant requested the defendant to replace it with new mobile set but he called obnoxious language to the claimant, kept the defective mobile set with out replacing it with new set that therefore, he has also delivered legal notice to the defendant under section 28(1)
PCPA 2005.
2. As the claim was prima facia maintainable in pursuance of the report of Registrar of this court and as it was within the prescribed time limit, the defendant was summoned to face trial. The defendant was served summons for the date 21.05.2009, but non appeared on his behalf on the said date hence, he was proceeded against ex-parte.
3. In his ex-parte evidence, the claimant has got examined Muhammad Nadeem as PW2, through his affidavit EX-PW2/1, whereas the claimant himself appeared PW1 as his own witness through his affidavit EX-PW1/1. In his documentary evidence the claimant has tendered the receipt of Wahid Mobile Center dated 21.02.2009, EX-P1, postal receipt EX-P2, copy of legal notice as Mark "A". After conclusion of the claimant's ex-parte evidence, as a final resort, notice was issued to the defendant that if he had any case to defend, he might appear in person today i.e 10.06.2009, in this court that otherwise no excuse shall be available to him in this regard. The process server has submitted his report that when he went to the shop of Wahid Mobile Center for service of such notice, but not only that the notices were torn away but also that he was disgraced there showing that the defendant is contumaciously adamant not to contest this claim.
4. Heard the arguments. Record perused.
5. From the statement of claimant Ghafoor Hussain the claimant (PW-1) and Muhammad Nadeem PW-2, it transpires that the claimant purchased the mobile set LG-K-195 for consideration of Rs.
6490/- on 21.02.2009, when the defendant issued one year guarantee vide EX-P1, but that the mobile set became out of order after fifty days only after the date of its purchase. It is also crystal clear from the statement of the said PW's including that of the claimant that the proprietor of Wahid Mobile Center has kept the mobile set and refused to replace it. There is no evidence in rebuttal.
6. For what has been discussed above the claim is hereby accepted, consequently, the defendant shall now return the actual price of the mobile set Rs. 6490/- alongwith compensation Rs. 20000/- plus counsel fee Rs. 10000/- total amount Rs. 36490/- to the claimant within a period of 30 days other wise the matter shall be dealt with under section 32(2) of PCPA2005. File be consigned to the record room after its due completions.