1. The complainant filed the instant complaint against the respondent stating that he a practicing lawyer at Gujranwala and on 28-04-10 he purchased a mobile phone Nokia Model 2330 Classic with a warranty of one year for consideration of Rs.4700/- from shop of respondent on the vary next day he checked mobile phone set but it was not properly working due to manufacturing fault, so, he went to the respondent at about 07:00pm on same day and made the complaint regarding the defect of phone set and requested him to replace it but he refused to do so, then he sent a legal notice to the respondent on 20-05-10 through registered letter AD but no reply was made. He claimed price of mobile phone set Rs.4700/-. Rs.2500000/- as damages, counsel fee Rs.25000/-, fee of notice Rs.2500/- and Rs.200000/- for fraud committed by the respondent.
2. The respondent did not appear in the Court despite of his service through his employee, therefore, exparte proceedings were initiated against him. Subsequently an application for setting aside exparte proceeding was filed by the respondent which was set aside on the statement of the complainant but again exparte proceedings were initiated against respondent due to his absence and case was fixed for exparte evidence.
3. In exparte evidence complainant appeared as PW1 who reiterated the same facts as mentioned in the complaint. He produced receipt of mobile phone set mark "A", copy of legal notice as mark "B", receipt of post of despatch of legal notices as Exh. "PA" and AD as Exh. "PB", certificate of counsel as Exh. "PC" and complainant closed his evidence.
4. I have heard the counsel for the complainant and gone through the record.
5. In view of the exparte proceedings and corroborative evidence of complainant I have left with no option accept to believe the version of complainant as he is a practicing lawyer and respectable member of Gujranwala Bar who made statement on oath and there is no rebuttal on the file against the version of complainant, therefore, I hold that the complainant is entitled to get relief from this Court, the complaint is partially accepted in the following terms that:-
1. The respondent is liable to return Rs.4700/- price of mobile phone set or replace the defective mobile phone set with new one free from any defect to the complainant.
2. The respondent is also liable to pay Rs.5000/- as counsel fee and legal expenses of proceedings.
3. So far as the claim of complainant regarding the damages is concerned suffice to say that, no evidence is available on the record, therefore, it is declined.
The respondent would be liable to pay all above payments, within 30 days of announcement of this judgment without fail. The Registrar of this Court is directed to send a copy of this judgment to the respondent for compliance.