Brief facts of the case are that on 21-4-10, the petitioner purchased Nokia mobile phone set from Sim Collection proprietor Malik Asif, Model Town Faisalabad on payment of Rs.2800/-. At the time of sale, the respondent had assured that suit set is free from any defect but unfortunately the mobile set went wrong very next day of its sale. When petitioner complained to the respondent, the latter got arranged for repairing of set on payment of Rs.200/- from a repairing lab in Siddiq Plaza. When petitioner approached the lab, they first gained time but ultimately refused to return the mobile set as well as misbehaved the petitioner. When the respondent paid no heed to petitioner's repeated requests, he ultimately issued a legal notice on 12-8-10 but still to no effect. Hence, this petition for providing a new mobile set and payment of Rs.25,000/- as damages.
2. Process was issued for the appearance of respondent but they did not turn up despite service.
They were, therefore, proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence i.e. Copy of legal notice EX-P2, original postal receipt EX-P3, sale receipt EX- P4 and visiting card of Malik mobiles Mark 'A' in support of his claim.
4. As already stated, petitioner's evidence has not been rebutted by the respondent since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.10,000/- which includes compensation of suit mobile set (Rs.2000/-), damages for physical discomfort / mental discomfort (Rs.5000/-) and litigation expenses (Rs.3000/-) whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.