Brief facts of the case are that petitioner purchased from respondents two trousers (pants) on payment of Rs.1400/- on the assurance that color of garment shall not get spoiled but the color went wrong just after one time use. The petitioner, alongwith Muhammad Afzal, Muhammad Qamar and Muhammad Waqas demanded from respondents to substitute the trousers to which he promised but latteron refused. The petitioner, being a law biding citizen bore respondents' mis- behavior but demanded the suit amount being sale price of trousers, compensation / damages on account of physical discomfort and mental torture, legal expenses and loss of business but the respondents paid no heed nor they responded to legal notice served by the petitioner. Hence, this petition.
2. Process was issued for the appearance of respondents but they did not turn up despite service, therefore, they were proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence i.e. Copy of legal notice EX-P2, original courier receipt EX-P3, in support of his claim.
4. As already stated, petitioner's evidence has not been rebutted by the respondents since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.31,400/- which includes refund of sale price of garment (Rs.1400/-), compensation / damages for physical discomfort / mental agony (Rs.20,000/-) and litigation expenses (Rs.10,000/-) while claiming refund of sale price of garment, the petitioner shall return suit garment to the respondents. Petitioner's remaining claim is hereby dismissed for want of requisite evidence.
After completion, file be consigned to record room.