Brief facts of the case are that in February 2010, the petitioner purchased from respondent enamel (painttex). After use of enamel, the petitioner found the same defective. Petitioner's impression about the paint being defective was further confirmed by his visitors. The petitioner complained to the respondent about defective paint but respondent did not redress petitioner's grievance. He was issued legal notice by the petitioner demanding them to pay him compensation / damages of Rs.25,000/- but the respondent again did not respond, hence, this petition for grant of suit compensation.
2. Respondent's counsel Ch. Mubashar Iqbal, Adv appeared on 17.5.10 and filed his memo of appearance. Adjournment prayed for filing wakalatnama and written statement was granted for two dates but none appeared on 7-6-10 from respondent side, therefore, respondent was proceeded ex-parte.
3. In support of his claim, the petitioner appeared as PW1 and also filed his sworn affidavit Ex-P1, copy of legal notice Ex-P2, dispatch receipt Ex-P3, and cash memo dated 24-2-10 Ex-P4.
4. Ex-parte contentions heard and record perused.
5. As petitioner's ex-parte evidence has not been rebutted by the respondent by reason of ex-parte proceedings, therefore, his evidence is relied upon and claim is decreed ex-parte in the manner that respondent shall refund an amount of Rs.3500/- out of sale price of paint and shall also pay compensation / damages of Rs.10,000/- (including litigation charges) for causing physical discomfort and mental agony to the petitioner whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.