Brief facts of the case are that on 5-12-09 the petitioner purchased a pair of shoes from respondent on payment of Rs.2195/- against guarantee for one season but only after two months, the shoes collapsed. When petitioner complained to the respondent and demanded change of shoes they refused. The petitioner also issued a legal notice to respondent but the respondent again did not redress petitioner's grievance hence, this petition.
2. Notices were issued for the appearance of respondent but nobody appeared on their behalf despite receiving court notice by their accountant Umar Draz, therefore, respondent was proceeded ex-parte.
3. The petitioner appeared as PW1, and also tendered his sworn affidavit Ex-P1, copy of legal notice Ex-P2, dispatch receipt Ex-P3 and cash memo dated 5.12.09 Ex-P4.
4. Ex-parte arguments heard and record perused.
5. As the respondent is ex-parte, therefore, petitioner's evidence goes un-rebuttaled and has relied upon. The petitioner has prayed for exchange of suit shoes and grant of damages of Rs.25,000/- on account of mental torture he suffered but such claim is found result of exaggeration. However, petitioner's claim is decreed in the manner that respondent shall substitute the shoes with similar brand of shoes and shall also pay damages of Rs.5000/- to the petitioner on account of physical discomfort and mental agony caused to the petitioner whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.