1. Sunccintly, the facts of the case in nutshell as narrated in the claim are that the defendant allured the claimant through the advertisements in news paper, brochure etc to purchase the plot in dispute affectuate at Sqr No.37 khawit No. 530 to 533 Chak No. 468GB Tehsil Samundari District Faisalabad in the colony by the name and style of "Naveed Abbas Garden" where he promised to provide the facilities of the boundary wall, 30-50 feet wide carpet road, commercial market, amenities of telephone, electricity, street light, schooling for children, sewerage system etc. Accordingly the claimant being instigated by the above said package, purchased a parcel of land Measuring 7 Marlas in the said scheme, therefore, he entered into transaction with the defendant in lieu of consideration Rs. 350000/- about the said plot vide agreement dated 22.05.2008. The claimant paid Rs. 1 Lakh out of the said consideration amount in two installments on 22.05.2008 and 10.06.2008, in presence of witnesses. However the defendant has refused to provide the above said facilities on his part prior to completion of the date of agreement i.e. 15.12.08, hence, the claimant has delivered legal notice to him through registered cover envelope and having received no reply, lodged this claim for recovery of double the paid amount Rs. 2 Laks alongwith legal expenses etc u/s 25 Punjab Consumer Protection Act 2005.
2. The defendant was issued summons on 12.01.2009, as the claim was deemed maintainable in the first glance and it was also found within the prescribed time limit. The defendant, being the resident of Tehsil Samundari District Faisalabad was served through several registered cover envelops AD and through the messenger but none appeared for him on 11.03.2009, therefore, he was proceeded against ex-parte on the same date.
3. On 26.03.2009, the claimant's ex-parte evidence was recorded wherein he appeared as PW-1 through his affidavit EXPW1/1 whereas in his documentary evidence he has tendered agreement EX-P2, Map of Naveed Abbas Garden as EX-P3, original receipt of post office dated 06.12.08 as Ex- P4, photo copy of legal notice as Mark "A", photo copy of Cheque No. 16797882 dated 15.12.2008, as Mark :"B", disowner slip dated 15.12.2008, as Mark "C".
4. After completion of the claimant's evidence, in order to avoid further complications, final notice was issued to the defendant through registered cover envelop AD to defend the suit as final resort, if so desired. However, all such efforts to procure the attendance of the defendant ended in failure, therefore, I have been left with no way but to appraise the claimant' s evidence in defendant's absentia.
5. In his evidence, the claimant Muzafar Iqbal corroborated the contents of his claim through affidavit EX-PW1/1 wherein he has stated on oath that on being instigated by the defendant through advertisement in newspaper and brochure, EX-P3 purchased the plot in dispute, that he paid total amount Rs. 1 Lakh out of the total consideration amount to the defendant No. I, vide agreement dated 22.05.2008, but that the defendant has not provided the facilities within the vicinity of the disputed plot as promised that therefore, he may not only be returned the paid amount but also the damages /compensation/legal expenses. There is no rebuttal of the above said evidence. Accordingly the claimant's case stands proved against the defendant.
6. The upshot of the above whole discussion is that the claim is hereby accepted. As the defendant's services are found to be defective and faulty, therefore, he shall now return double the received amount Rs. 2 Lakh as the amount received by him and compensation and further amount of Rs. 10000/- as legal expenses. The defendant shall pay the total decreetal amount Rs. 210000/- within a period of 30 days otherwise he shall be dealt u/s Punjab Consumer Protection Act, 2005.
File be consigned to the record room after its due completion.