1. Arguments heard and record perused. According to the facts the petitioner purchased two Nokia E-51 mobile set for an amount of Rs. 37000/- on 04-07-09 out of which one is still laying as untouched while the other became defective that had off and on problem due to some manufacturing fault. The petitioner approached the respondent but the respondent cared a fig upon which legal notice was also given.
2. 2 In order to prove this case the petitioner himself appeared as PW-1 and tendered his sworn affidavit Ex-P/1, warranty card Ex-P/2, receipt of service center Ex-P/3, receiving of mobile set on visiting card Ex-P/4 copy of legal notice Ex-P/5 and its dispatch receipt Ex-P/6.
3. 3 On the other hand, learned counsel for the respondent has argued that Nokia is a necessary party and responsibility on shoulder of the Nokia which has not been impleaded as a party.
4. According to learned counsel the respondent has given warranty and not the guarantee and the respondent is ready to fulfill all the obligations mentioned in the warranty card and we are bound to get the set repaired according to the warranty card and the disputed set has never been produced in the evidence or in the Court and no expert opinion has been obtained about the defectiveness of the mobile set.
5. Mian Naseer Ahmad V/s Mr. Zahid Dar Manager Customer Care 4 On the other hand petitioner has argued that respondent affidavit Ex-R/1 does not bears the signature of the RW-1 Majeed Omer and he has admitted in cross examination and there is no evidence in the rebuttal.
6. 5 In my view, the complainant has succeeded to establish his case. Thus the complaint in hand is decided in the way that respondent shall return purchase amount of Rs. 18500/- to the petitioner (subject to return of mobile set in question to the respondent) and petitioner is also awarded Rs.
7. 10,000/- as compensation of mental torture. Thus total claim of the petitioner is decreed to the extent of Rs. 28,500/- whereas remaining claim of the petitioner is hereby dismissed being on the higher side. Parties are left to bear their own cost.
8. After completion file be consigned to record room.