1. COMPLAINT ABOUT NON DELIVERY OF TRANSFER LETTER The case is at the stage of exparte arguments which have been heard as such is proceed to dispose of the complaint by discussion in the following paragraphs:- The version of the claimant as alleged in the complaint is to the effect that he is entitled to he transfer letter of the Motorcycle purchased on 24-11-2007 for payment of Rs.69,000/- from the defendant who has finally refused to the deliver the said letter although Motorcycle was delivered at the time of sale; that the legal notice dated 09-12-2010 has remained un responded; that the previous complaint was withdrawn by the brother of the claimant namely Mohammad Zubair for the purpose of the filing of the present complaint by the present claimant; that the claimant is entitled to recover Rs.69,000/- in lieu of the transfer letter if the same is not issued along with recovery of Rs.1,00,000/- as damages for mental tension as well as recovery of litigation charges and counsel fee.
2. The exparte evidence of the claimant consists of original affidavit of the claimant already included in the file as Ex.P-1 and also produce copy of CNIC of the claimant as Mark P.A copy of postal receipt as Mark P.B and copy of legal notice as Mark P.C and close exparte evidence of the claimant.
3. I have observed form a perusal of the record that since there is no rebuttal against the exparte evidence and since legal notice is being alleged to have remained un responded and since the defendant has failed to appear to contest the present complaint specifically on the notice issued for 15-03-2011 as such the claimant is entitled to the recovery of the transfer letter as well as Rs.1,00,000/- as damages and litigation charges/ counsel fee to the extent of the amount to be mentioned in the certificate to be issued by his learned counsel and to be deposited in this court within 30 days of this order and the said amount would also be liable to be recovered from the defendant during the proceedings of the application for implementation.
4. It is clarified that the expenses to be incurred during the pendency of the application for implementation would also be liable to be recovered for the defendant.
5. The file of this complaint is to be consigned to the record room duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.