1. As per contents of instant petitioner/claim, the complainant purchased one Mobile on 13.07.2010, Model Club-X5 of Club amounting to Rs, 4350/-, when complainant observed the mobile, it was found defective and it was locally packed by the respondent and it was not pin pack (new mobile set) that the complainant approached the respondent in order to get mobile replaced, the respondent replaced the battery but the defect remained intact, for which the complainant suffered a lot of problems on account of defective mobile set and as a result thereof, the complainant claimed for replacement of Mobile Set, litigation fee amounting to Rs, 15000/- and Rs, 52000/- as compensation and damages.
2. The respondent was summoned but he did not turned up, although served personally, so he was proceeded against ex-parte on 28.09.2010, the ex-parte evidence of petitioner was recorded. The statement of petitioner alongwith two Pws Yasir Bin Akram and Syed Asif Hussain were recorded in the shape of affidavits, which were placed on record as Ex.P.A, Ex.P.B and Ex.P.C respectively, Likewise petitioner also produce the original receipt Ex.P.D and warranty Card Ex.P.F, while the Photocopy of legal notice as Mark-A and closed petitioner's evidence.
3. Ex-parte arguments of learned counsel for the petitioner heard and record available on the file, perused.
4. The petitioner in support of his version put forth in the instant petition, got recorded his statement through filing an affidavit Ex.P.A while two Pws Yasir Bin Akram and Muhammad Asif Hussain has fully supported the version of the petitioner through their statements as Ex.P.B and Ex.P.C respectively. While there is no rebuttal at all to the aforesaid evidence of the petitioner. Petitioner has succeeded to establish that the Mobile Set purchased by him from the respondent for the consideration of Rs, 4350/- was found defective, while details of any loss due to said defective Mobile Set allegedly suffered by the petitioner have not been given. So, petitioner is not entitled for any damages or compensation. Likewise no any details of litigation fee amounting to Rs, 15000/- as claimed by the petitioner has been submitted. So, the claim of the petitioner as to litigation fee amounting to Rs, 15000/-has not been established. However, the petitioner is entitled for litigation fee of Rs, 2000/-.
5. For the foregoing reasons the petitioner is entitled for the recovery of Rs, 4350/- as price of defective Mobile Set an Rs, 2000/- as litigation fee from the respondent who is directed to pay the same to the petitioner. File be consigned to record room after due completion.