1. Briefly, the complainant purchased Nokia mobile model 1202 from the defendant's shop in lieu of consideration of Rs.2500/- on 18.05.2009, but it was found defective after one and half months of its purchase therefore, he requested the defendants to return the defective mobile but they refused hence, this claim for recovery of Rs.228500/- as price of the mobile, mental tension and lawyer's fee etc u/s 25 of PCPA 2005.
2. The defendants contested the claim by filing their statement of defence on the grounds that the defect in the mobile might be due to creeping of moisture in it that hence, the warranty is not valid.
3. None appeared for the defendants on 19.10.2009, despite repeated calls since morning till the fag end hours of the court therefore, they were proceeded against ex-parte. The claimant's exparte evidence was recorded on 30.10.2009, when the defendants were also issued notices as a final resort that, if they had any case to defend the claim, might appear in person on next date of hearing i.e 10.11.2009, otherwise, no excuse shall be available to them in this regard. Today Afzal Butt the defendant is in attendance but he has neither submitted petition for setting aside ex-parte proceedings against him nor he has put forth sufficient cause for his none appearance on 19.10.2009.
4. Heard the arguments, record perused.
5. The claimant has got recorded his own statement as PW1, through his affidavit EX-PW1/1, whereas he has produced Tanveer Akhtar PW2, through his affidavit EX-PW2/1, In his documentary evidence, the claimant has tendered the receipt of mobile EX-P1, warranty card EX-P2, receipt EX-P3, TCS receipt EX-P4, photo copy of legal notice Mark "A". In the absence of any evidence in rebuttal, in view of the above said evidence produced by the complainant, it has been proved to my entire satisfaction that the mobile sold by the defendants to the claimant was defective within warranty period vide EX-P2, hence, the claim stands accepted. Accordingly, the defendants shall now return the purchase price of the defective mobile Rs.2500/- to the complainant and an amount of Rs 10000/- as legal expenses/lawyer's fee incurred by him in this case total amount of Rs.12500/- within a period of 30 days otherwise the matter shall be dealt with under section 32(2) of PCPA2005. Any how, the complainant shall return the defective purchased mobile set to the defendants on receipt of the above said decreetal amount from them. File be consigned to the record room after its due completions.