1. Briefly, the claimant purchased a LC mobile phone No.355662035037020 from defendant in lieu of consideration of an amount of Rs.3499/- but the same went out of order within warranty period, hence, this claim for recovery of purchase price alongwith damages for mental torture, loss of business, and legal expenses u/s 25 of PCPA 2005.
2. The defendant was served in person but none appeared for him on 11.09.2009, therefore, he was proceeded against ex-parte. The claimant has produced his ex-parte evidence wherein the claimant got recorded his statement as PW1, through his affidavit EX-PW1/1, whereas the claimant has also tendered the receipt of sale EX-P1, warranty card EX-P2, cover mobile EX-P3, postal receipt EX-P4, copy of legal notice dated 21.08.2009 EX-P5, advertisement of mobile Mark "A", and the receipt of Advocate fee Mark "B". After conclusion of claimant's evidence, the defendant was issued notice through registered cover envelope as a final resort requiring him to defend the claim with the warning to him that no excuse shall be available to him in this regard, as the case was likely to be decreed against him in his absentia in view of the evidence as produced by the claimant.
However, all such efforts of the court were of no use as the defendant is not present even today because he has refused to receive the above said notice.
3. Heard the arguments, record perused.
4. The claimant has corroborated the contents of the body of the claim in toto through his affidavit EX-PW1/1. It so transpired from the receipt EX-P1, that the defendant sold the mobile set to the claimant for consideration amount of Rs.3499/- with the warranty period from August 2009 to February 2010, vide EX-P2. There is no evidence in rebuttal. Accordingly, I have no hesitation to accept the claim. The claim is hereby accepted. The defendant shall replace the mobile set with product of similar description which shall be free from any defect. The defendant shall also pay an amount of Rs.10000/- incurred by the claimant as lawyer's fee and legal expenses. The order shall be complied 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.