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Mian Muhammad Insha s/o Ahmed Deen Rafi Park , Sargodha

CourtDistrict Consumer Court
Case No.Case No. 87/2012
Date2012-08-24
Judge(s)Sohaib Ahmed Rumi
ResultN/A

1. Mian Muhammad Insha S/o Ahmed Deen has filed this complaint stating that on 09.06.2012 he purchased a Cellular Phone RIGHT-B Model R88A for a consideration of Rs. 1900/- from the respondent's shop with one year warranty. The said Cellular Phone set become out of order. The respondent was approached with the request to make it functional or replace the same but the respondent after prevaricating for some time finally refused to entertain the request of the complainant. Ultimately the legal notice was served upon the respondent which also could not bring any change in the attitude of the respondent, hence, instant complaint was filed. Respondent inspite of due service did not choose to appear in the court, consequently, vide order dated 24.07.2012 he was proceeded ex-parte. Complainant himself appeared in the witness box in support of his version mentioned in complaint and produced on record a receipt/warranty card Exp-PB of the Cell Phone. He also placed on record Exp-PA/1 postal receipt about service of legal notice Mark-A. The said Cell Phone along with its packing was also produced as Exp-PC/1.

2. I have heard the arguments and perused the record In the absence of any rebuttal evidence from the defendant's side contention of the complainant is proved that defective product ExpPC/1 was sold by the respondent, therefore, respondent is directed to pay back the price of the Cell Phone Rs. 1900/- along with Rs. 1000/- as litigation expenses to the complainant. Complaint is, therefore, allowed. File be consigned to record room after due completion.

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