2. File be put up after break to record petitioner's evidence.
P.O. DCC, Faisalabad.
File be put up after break. Petitioner's ex-parte evidence has been recorded comprising his statement as PW1. He also placed on record his sworn affidavit EX-P1 and documentary evidence i.e. Copies of legal notice EX-P2, postal receipt EX-P3, invoice dated 26-5-10 EX-P4, product receipt EX-P5, warranty card EX-P6, undertaking dated 1-7-10 EX-P7 and receipt dated 14-8-10 EX-P8.
2. Brief facts of the case are that the petitioner purchased a spilt AC from respondent valuing Rs,27,300/- with warranty for 3 years but the unit stopped working the very next day of its produce.
Petitioner had to get it repeatedly repaired by respondents' technician. Ultimately on 31-8-10 respondents refused to repair the unit. Therefore, they were served legal notice dated 6-9-09 but the respondent did not redress petitioner's grievance, hence, this petition for recovery of damages (Rs.100,000/-) and litigation charges / expenses (Rs.50,000/-). The petitioner also prayed for replacement of unit being defective product.
3. As petitioner's evidence has not been rebutted by the respondent, therefore, the petition is accepted ex-parte for recovery of total amount of Rs.45,000/- including depreciated value of AC as Rs.25,000/-, compensation / damages of Rs.10,000/- and litigation expenses of Rs.10,000/-. After completion, file be consigned to record room.