1. Case of the complainant is that he purchased from the respondent a Gas Burner for a consideration of Rs. 1200/- on 29.01.2012 with two year warranty which become out of order a few days after. The matter was brought in to the notice of the respondent who did not respond positively for which he was served legal notice under section 28 of the Punjab Consumer Protection Act, 2005. Respondent was properly served even than he did not choose to appear, therefore, vide order dated 26.03.2012 he was proceeded ex-parte.
2. Complainant in order to prove his case appeared as Pw-1 and produced receipt Ex-PB for purchase of Gas Burner from the respondent shop and stated that once the respondent replace the Gas Burner on making complaint and the present Gas Burner was handed over to him for Rs. 1200/- against receipt Ex-PB which was also out of order. Respondent insulted and misbehaved when the matter was brought into his notice. Thereafter the Gas Burner was set right by the private mechanic engaged by the complainant. Receipt legal notice as Ex-PA was placed on record whereas the receipt issued by mechanic for repairing of Gas Burner was produced as Ex-PC. Safdar Ali appeared as Pw-2 and verified the statement of the complainant made before this court.
3. From the statement of the complainant and the Pw, the purchase receipt Ex-PB and repairing receipt Ex-PC, contention of the complainant is established especially in the absence of rebuttal evidence as the respondent had been proceeded ex-parte due to his non appearance, that the said Gas Burner was purchased from the respondent shop which was repaired due to fault, therefore, the defective product and faulty service on the part of respondent has been proved for which respondent is held liable to pay Rs. 1000/- as legal charges, Rs. 100/- as the repair charges to the complainant and also pay Rs. 1000/- as a fine in the state treasury. File be consigned to record room after due completion