1. Briefly, the claimant has lodged this claim for recovery for an amount Rs 121,900 as price of mobile set, damages, lawyer fee and legal expanses for the reason that the purchased mobile set Sam Sung E 200 from the defendant against one year warranty starting from July 2008 till July 2009 against the price of Rs 6900/- but that the mobile set he came out of order during its warranty period.
2. As the claim was found prima facie maintainable in pursuance of the report of the registrar as it was also in permissible time limit, hence, the defendant was summoned to face trail in this case. As the defendant was served through his sales man Muhammad Saleem and through registered covered envelope the receipt of which has annexed at page no 63 of the file, the said Muhammad Saleem, sales man appeared in person on behalf of the defendant on 17.03.2009 when the case was fixed for submission of written statement on 25.03.2009. On 25.03.2009, no one appeared for the defendant hence he was proceeded ex parte on the same date, the claimant has appeared as PW 1 as his own witness through his affidavit EXPW 1/1 and he was also submitted the receipt of mobile EXP 2 , original warranty EXP 3 post office receipt EXP 4, copy of the legal notice dated 14.09.2009 EXP 5.
3. Heard the arguments record perused.
4. From the content of the affidavit EXP 1/1 the version of the claimant stand proved as there is no rebuttal in the shape of counter affidavit of the same. EXP 2 and 3 are receipt of the warranty card of the purchased mobile card showing that the claimant purchased mobile SAM SUNG E 201 from the defendant's shop for consideration Rs 6900 and that the warranty period of the mobile set was till July 2009. The claimant is admittedly the consumer whereas the defendant is the seller, the claim has been brought within limitation after delivery of legal notice EXP 5 through registered covered envelope vide postal receipt EXP 4. Accordingly as the defendant has dare not to appear to defend the claim therefore I have no hesitation to accept it accordingly the claimant is hereby held and filed to recover amount of Rs 6900/-s price of the defective mobile set, and amount of Rs 10,000/- as compensation for mental agony, further amount Rs 10,000/- as counsel and legal expanses total amount Rs 26900/- The defendant shall pay the above set decreetal amount to the claimant within period of one month otherwise he shall be dealt with under sec 31 sub clause to of the Punjab Consumer Protection Act 2005.