1. CLAIM FOR THE RECOVERY OF RS. 4, 00,000/- ORDER . Claimant Muhammad Khalid Pervez Advocate filed the instant claim for recovery of Rs. 4, 00,000/- against the defendant Asad Abbas Proprietor Raza Electronics Situated at College Road, Chichawatni District Sahiwal.
2. The claimant, on 22-03-10, purchased LG T.V 14 for consideration of Rs. 7500/- with 05 years picture tube warranty and 01 year free service. The packing and look of the said TV was exactly like that of L.G T.V but subsequently, it revealed that the defendant had sold him a T.V made in China. The claimant repeatedly asked the defendant to replace it but defendant despite issuance of legal notice did not respond. The claimant claimed Rs. 4, 00,000/- as damages, replacement of original LG TV and with relief that defendant's dealer ship may be ordered to be cancelled.
3. The due legal process was adopted to procure the attendance of the defendant but he failed to appear in the court, therefore, he was proceeded against Exparte.
4. The claimant examined himself as PW-1. He also produced Muhammad Bashir Pw-2. He relied upon the documentary proof i.e. Receipt dated 22-03-10 Ex-P1, legal notice Ex-P2, postal receipt Ex-P3 and receipts of payment of fee of counsel Ex-P4 to P5.
5. The claimant Pw-1 and Muhammad Bashir both reiterated that LG TV was purchased under impression that it was genuine but later, it came on surface that the same was made in China.
6. They further stated that due to this act of the defendant, the claimant had to suffer a mental tension. The claimant contacted the defendant for its replacement but no attention was paid to it despite the fact that the legal notice was also issued. Since no one has turned up on behalf of the defendant therefore, entire oral as well as documentary evidence produced by the claimant remained un-rebutted.
7. The fact to be noted was that the claimant claimed Rs. 4, 00,000/- as damages but he failed to bring minor detail and things which created mental tension and torture for him. Therefore, the claim of damages of 4, 00,000/- cannot be accepted. However, in view of evidence and reasons recorded above and keeping in view the nature of controversy between the parties, the claim is accepted in terms that the defendant shall immediately provide genuine /original LG TV 14 to the claimant but with such replacement, the claimant shall return Chanel made TV to the defendant.
8. The claimant is also held entitled to get token damages to the tune of RS. 1000/- (one thousand rupees) only. However, the payment of legal charges incurred by claim cannot be refused to him.
9. As per fee certificated Ex-P4 and P5 signed and stamped by Rana Zulfiqar Advocate and Sardar Muhammad Riaz Dogar Advocate, the claimant is also held entitled to get Rs. 11000+3000=14000/- as legal charges from the defendant within 30 days from this order.
10. The Registrar of this court is directed to send copy of the order to the defendant for immediate compliance.