Brief facts of the case are that petitioner is a practicing lawyer of Faisalabad Bar Association. On 27-12-09 she purchased a Samsung mobile phone set from respondent No.1 on payment of Rs.4400/- (vide purchase receipt and warranty card annexed with the petition). After purchase of mobile phone set, it did not work properly. Petitioner complained to the contesting respondent time and again for redressal of her grievance but they paid no heed nor they responded to petitioner's demand conveyed in person as well as through legal notice. Hence, this petition for refund of sale price of mobile phone set and damages for discomfort suffered by the petitioner.
2. Process was issued for the appearance of respondents but they did not turn up despite service.
They were, therefore, proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit and documentary evidence in support of his claim.
4. As already stated, petitioner's evidence has not been rebutted by the respondent since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.28,600/- which includes refund of sale price of suit mobile phone set (Rs.3600/- after deducting depreciation value), Rs.15,000/- as damages for physical discomfort / mental agony and Rs.10,000/ litigation expenses whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.