Brief facts of the case are that on 18-1-10 the petitioner purchased suit mobile phone set from respondent on payment of Rs.5200/- against warranty for one year but when the petitioner started using it the same went wrong and did not work. Respondent, when contacted by the petitioner for redressal of his grievance, did not cooperate rather he mis-behave as with the petitioner. At last petitioner issued a legal notice to the respondent dated 6-5-10 sent through registered post.
Hence, this petition, for change of suit Nokia mobile set.
2. Process was issued for the appearance of respondent but nobody appeared on their behalf despite receiving court notice by Incharge of respondent's company, therefore, respondent party was proceeded exparte.
3. The petitioner appeared as PW1 and also tendered his sworn affidavit Ex-P1, copy of legal notice Ex-P2, dispatch receipt Ex-P3, cash memo (dated 18.1.10) Ex-P4, and warranty card Ex-P5.
4. Ex-parte arguments heard and record perused.
5. As the petitioner's evidence has not been rebuttaled by the respondent and also that he has only prayed for change of suit mobile set, therefore, petition is accepted ex-parte and the respondent is directed to replace the mobile set. Respondent shall also pay compensation of Rs.5000/- to the petitioner on account of physical discomfort and mental agony caused to the petitioner whereas petitioner's remaining claim is dismissed. After due completion, file be consigned to record room.