1. Muhammad Azeem Bhatti Advocate S/o Riasat Ali Bhatti has filed this complaint against M/S United Mobiles Ghulberg Lahore. Case of the complainant is that he purchased a Cellular Mobile Phone Nokia 3110 reference No. 1855448 and IME No. 354197028414999 from the respondent No.1 against consideration of Rs. 7200/-. After few days the Cellular Mobile Phone became out of order.
2. Respondent No.1 was approached in this regard who promised to replace the same but after prevaricating for some time refused to accept the claim of the complainant. Respondents in this case were proceeded exparte. The complainant appeared as PW1 and produced Rana Ferhan Ali as PW2. Besides, he produced Cellular Mobile Nokia 3110 Exhibit "P1", warranty card of the same Exhibit "P2", receipt of AD as Exhibit "P3", copy of legal notice as Marked "A".
3. Arguments heard and record perused.
4. The Cellular Mobile phone set in question was purchased on 12-01-09 by the complainant from the respondent No.1 warranty card Exhibit "P2" shows the end date of expiry of warranty period as 15- 08-09 and during this period respondents are bound to remove the defect or replace the defective product. In the exparte evidence complainant has stated that the mobile phone has gone out of order. The respondents were approached who promised to replace the phone but ultimately refused to do so. Necessary legal notice was served before filing the complaint. There is noting on the record to rebut the claim of the claimant. Respondents are therefore directed to collect the cellular mobile set Exhibit "P2" from this court and replace the same with new one free from the defect or to return the complainant actual price Rs. 7200/- within two weeks of passing of this order and also pay cost incurred on legal proceedings Rs. 1000/- awarded to the complainant. File be consigned to the record room after its due completion.