The complainant filed the instant complaint against the respondent stating that he purchased Bulgaria Black Shoes on 08-04-10 from the respondent for Rs.2095 against the receipt No.3747 in which he gave a warranty of 6 months regarding defect of shoes if any crept in within 6 months of the purchase he would replace the shoes without any cost but after the purchase of one month the distortion in the leather of shoes started taken place due to defective material upon which he went to the shop of respondent and made a complaint to the respondent who ensured him that he would inform the company regarding his complaint and after the approval of company he would replace the shoes and on his assurance be become satisfied but the respondent did not redress his grievance upon which on 24-07-10 he alongwith Rana Shahid Bilal Advocate and Gulfam Gorriya Advocate went to the shop of respondent regarding the complaint but the respondent refused to replace the defective shoes and directed them to leave the shop. Ultimately he sent a legal notice on 30-07-10 but no reply was made by the respondent then he again issued a notice on 24-08-10 to the respondent, therefore, respondent approached him through his counsel and requested to settle the matter out of Court and requested him not to initiate any legal proceeding and further stated he forwarded his complaint to company which would be redressed very soon but subsequently he again refused to redress his grievances and on 06-11-10 he made a complaint to District Coordination Officer Gujranwala he claimed Rs.15000/- as a expenses of legal notice, Rs.30000 as a fee of counsel and Rs.200000 as compensation and mental torture caused to him due to the conduct of respondent.
2. The respondent did not appear in the Court despite of his service, therefore, exparte proceedings were initiated against him 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 and produced copy of legal notice as mark "A", receipt of purchase of shoes mark "B", receipt of post of dispatch of legal notices Exh. "PA"W"PB", defective shoes as Exh. "PC", Muhammad Gulfan Advocate appeared as PW2 supported the version of the complaint and complainant closed his evidence.
4. I have gone through the oral and documentary evidence of complainant and also examined the shoes Exh. "PC" personally in the Court which supported the version of complaint, so, in view of the exparte proceedings and corroborative evidence of complainant coupled with Exh. "PC". I have left with no option but to believe the version of complainant, therefore, I hold that respondent is responsible for supplying the defective shoes to the complainant, therefore, the complainant is entitled to get relief from this Court, hence, the complaint is partially accepted in the following terms that:-
1. The respondent is directed to replace the defective shoes or in alternate Rs.2095/- as a price of shoes.
2. The respondent is also liable to pay Rs.5000/- as counsel fee and legal expenses of proceedings.
3. The respondent is also liable to pay Rs.20000/- as a fine for providing manufactured defective shoes which shall be deposited in the state treasury.
4. So far as the claim of complainant regarding the damages is concerned suffice to say that, he has not produced any evidence, 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.