1. The complainant/petitioner has filed this claim with assertion that he purchased two mobile phone sets on 2nd January, 2010 from the respondent. One of them was purchased for sum of Rs, 4200/- bearing Model X-300 and soon after the purchase, it transpired that the said mobile phone is defective. It was already used and in the memory card obscene porn/blue print movies and pictures were stores.
2. The respondent has sold the used mobile set as new one to the petitioner and issued a warranty card which was intentionally not filed by the respondent. Petitioner has maintained that he sent a legal notice under registered cove to the respondent but he has refused to accept the same. He accordingly prayed that the respondent be directed to replace the mobile set or pay the price of mobile Rs, 4200/-. He has claimed damages on account of obscene porn/blue print movies and pictures stores in the memory card.
3. The respondent has been served according to law but he has not turned up. Hence he has been proceeded against ex-parte.
4. In ex-parte evidence of the petitioner has been recorded, in which petitioner appeared as Pw-1 and exhibits his affidavit Exp-Pw-1 and affidavit of Khuramm Shehzad as Pw-2. From the ex-parte evidence it is clear that the petitioner as purchased the mobile set from the respondent which was defective and was already used. The respondent sold the mobile set to the petitioner giving the impression that the same is genuine and new one. The respondent has been proceeded against ex-parte, so, there is no plea of defense from the respondent side. In the absence of respondent, plea contention of the petitioner that the respondent has sold the used and defective mobile to the petitioner but the same was packed as genuine and new one so has been proved, the petitioner has been deceived by the respondent at the time of sale of mobile. So, the ex-parte evidence of petitioner is sufficient to establish the version of petitioner.
5. Accordingly, the claim of the petitioner is accepted and respondent is directed to replace the mobile set or pay its price Rs, 4200/- to the petitioner. The extent of the rest of the claim the evidence of the petitioner is not sufficient that in the memory card of mobile phone there were obscene porn movies and pictures because at the time of production of mobile in the court memory card was already washed. So, claim of the petitioner to the extent of the damages is hereby declined. File be consigned to record room after due completion.