Brief facts of the case are that petitioner seeks to restrain FESCO Faisalabad from receiving monthly television fee of Rs.60/- as petitioner does not use any television set in his book shop situate in Aminpur Bazar, Faisalabad. When petitioner's repeated demands failed to bear fruit, he issued legal notice to the respondents dated 2-6-11 but still petitioner's grievance remained not redressed, hence, this petition to restrain respondent from claiming television fee, refund amounts wrongly received from petitioner as well as pay him damages of Rs.25,000/- each on account of mental / physical discomfort and business loss.
2. Respondents were summoned through the process of court but respondent No.2 only appeared and contested petitioner's claim by filing written statement whereas respondent No.1 did not appear. Lateron respondent No.2 also did not appear, therefore, they too were proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit Ex-P-1, copies of legal notice Ex-P-2 & Ex-P-3 and copies of electricity bills Mark 'P/A' to Mark 'P/C'.
4. Ex-parte arguments heard and record perused.
5. As petitioner's evidence has not been rebutted by the respondent, therefore, the same is relied upon and petitioner's claim is accepted ex-parte. Petitioner's claim also finds support from respondent's letter dated 5-11-11 Mark 'A' whereby respondent's plea has already been accepted by the FESCO Authorities, therefore, petitioner's claim is accepted ex-parte and respondent's claim about television fee from petitioner is hereby found without any justification. The respondent shall also refund payment of television fee wrongly received from petitioner. In addition, respondent shall also pay compensation of Rs.10,000/- for causing physical and mental discomfort to the petitioner whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.