1. Ex-parte arguments heard and record perused. Perusal of the file shows that respondent No. 4 to 7 were proceeded ex-parte but respondent No. 1 to 3 firstly appeared but could not file any written statement hence on 06-10-10 they were also proceeded against ex-parte.
2. 2 In support of the above complaint, the complainant Muhammad Nazir Asi appeared as PW-1, Muhammad Asif PW-2 and Muhammad Umer PW-3. Various documents has also been produced in the evidence of which purchase invoice Ex-P/4 is very material.
3. 3 In nutshell agony of the petitioner is that he purchased a new Motorcycle Yamaha Dhoom model II bearing engine No. 078816 K 7 Dy. Chassis No. 078816 DYL of red colour against the case payment of Rs. 44900/- on 9-2-10 and receipt was issued by respondent No. 1 to 3. Sale invoice was also not issued for the purpose of registration.
4. 4 The complainant took the aforesaid Motorcycle to his home and he found that the said Motorcycle was not in proper form but that had already been used and the outer part of the said Motorcycle Bike were not new and were in damaged condition. The petitioner, on the very next day went to respondent No. 1 to 3 and got checked the Motorcycle but respondent No. 1 Muhammad Nazir Asi V/s M/S H.A Autos etc. to 3 made flatly refusal. The petitioner also made contacted with respondent No. 4 to 8 but in vain.
5. 5 For the disposal of the same three witness has spoken in favour of the claim , Ex-P/4 is purchase receipt issued by H.A Autos on 9-2-10 wherein total price of the Motorcycle is shown as Rs. 44900/- and Rs. 2700/- is also shown as registration fee.
6. 6 In my view, the complainant has proved his case beyond any doubt , therefore, it is decreed to the extent that respondents shall pay purchase amount of Rs. 44,900/- (subject to return of the said Motorcycle), Rs. 2700/- as registration charges fee to the petitioner. The petitioner is awarded Rs. 10,000/- as compensation of mental torture etc. Hence the total claim is decreed to the extent of Rs. 57600/- whereas remaining claim of the petitioner is hereby dismissed being on the higher side with no order as to cost.
7. After completion file be consigned to record room.