1. This complaint has been filed under section 25 of Punjab Consumer Protection Act, 2005 as against the respondents with the allegations; that he purchased a pair of leather shoe worth Rs.2,299/- vide Product Code No.001192-039-P01, Invoice No.23590 as against the receipt with guarantee of one year; that after few days, during a party, complainant and his friends noticed that sole of the shoe had been damaged, owing to which, complainant felt insulted and became nervous. As such, he is entitled for the return of paid amount of Rs.2,299/- and damages of Rs.100,000/- on account of mental torture and loss of dignity; that legal notice dated 23-07-2011 was sent to respondents through registered AD, which remained fruitless hence, this complaint.
2. In reply of notice issued by the court respondent No.2 put appearance and case was adjourned for submission of reply. Despite availing opportunities respondent failed to submit the reply and today they have even opted to remain absent from the court which shows that they have nothing to say in the matter. In these circumstances, the court has not been left with any other option but to close their right of defense and proceed in the matter further ex-parte in accordance with law. The plaintiff has claimed back an amount of Rs.2,299/- paid to the respondent as price of pair of shoe.
3. He has also claimed Rs.50,000/- each on account of mental torture and loss of dignity. Though the complainant has not annexed any proof in support of claim of Rs.100,000/- as damages but as the allegations leveled in the complaint could have not been controverted by the respondents hence, the court is competent enough to observe that just after few days of purchase damage of sole of the shoe in the party of friends, the complainant must have been in awkward position and suffered a sense of loss of dignity causing mental torture at the specific occasion hence, instead to grant the requested compensation of Rs.100,000/- court is of the view that complainant is entitled as general compensations of Rs.10,000/- couple with the return of price of shoe Rs.2,299/- received from the complainant. Respondents shall also be liable to pay Rs.5,000/- as litigation charges including the lawyer fee. Copy of this order be sent to the District Coordination Officer, Sialkot for enforcement/implementation of the same under intimation to this court. File be consigned to the record room after it's completion.