1. Sheikh Muhammad Asghar, petitioner has filed a claim against the Tariq Saleem respondent that on 28.04.2009 has had purchased Exide Battery (N1409) from the respondent for 7100/-. The above said battery worked less than one month and became out of order.
2. The respondent was summoned. Respondent has submitted written reply. The evidence of the parties was recorded.
3. Heard record perusal.
4. In the evidence petitioner has appeared as PW-I and corroborated his claim in all particulars.
5. Petitioner has produced Ex-PBV guarantee and given by respondent. Respondent. Respondent has not controverted purchase of battery from him and conditions mentioned in guarantee card. The petitioner has produced receipt Ex-PA which reveals that petitioner had purchased battery from the respondent on 28.04.2009. The legal notice Ex-Pc was given to the respondent. Muhammad Shahid DW-1 has appeared in the court as Dw-1 and Tariq Saleem respondent as Dw-2.
6. Muhammad Shahid Dw-1 is the employee of respondent. From the evidence of respondent it is clear that after short time of purchasing the battery was out of order. The petitioner took the battery to the respondent for removing the fault. As the battery purchased by the petitioner become out of order within short time which means the Battery was in defective condition otherwise it would have worked. Hence the respondent is directed to obtain disputed battery from the petitioner and give him the new battery of same company. File be consigned to record room after due completion.