1. Case of the complainant is that she purchased a bicycle on 23.03.2012 from the respondent's shop Super Model MTB26 for the consideration of Rs. 6000/- for her son against the receipt No.1826 issued by the respondent along with 05 years warranty. On the 3rd day pedal and rear break become out of order. The matter was brought into the notice of respondent who refused to entertain the complaint and misbehaved while extending abuses and threats. The legal notice was also served upon the respondent but he did not respond.
2. Upon receipt of this complaint, respondent was summoned. As per report of process server of this court respondent refused to receive the summons issued by this court, rather, misbehaved with the process server upon which the respondent was proceeded ex-parte vide order dated30.05.2012.
3. Ex-parte evidence of complainant was recorded. The complainant herself appeared as Pw1 in support of complaint. She produced Ex-p1 receipt of the bicycle in question issued by the respondent along with postal receipt Ex-p2 and acknowledgment Ex-p3 regarding serving of legal notice. Muhammad Usman S/o Muhammad Ehsan while appearing as Pw-2 also supported and corroborated the story mentioned by the complainant. The bicycle was produced in the court which was examined and the left crank shaft along with pedal was found broken. The socket of the crank shaft could not fix the pedal, due to defect in thread. The rear break was found broken whereas the rear tire and tube was also found defective. From the ex-parte evidence it is established that the bicycle in question was sold by the respondent shopkeeper to the complainant vide receipt Ex-p1. The above enumerated defects are present in the bicycle. Copy of the postal receipt and acknowledgment due reveals that proper legal notice was served to the respondent. Report of process server of this court is sufficient to establish the conduct of the respondent shopkeeper. As there is nothing in rebuttal, therefore, the claim of the complainant qua the defects in the bicycle enumerated above is accepted and respondent is directed to replace both the crank shafts along with pedals as well as rear break system along the rear tire and tube within one month of passing of this judgment. The respondent is also held responsible to pay Rs.
4. 1500/- as legal charges to the complainant. Besides, respondent shall also deposit Rs. 1000/- as fine in state treasury.
5. File be consigned to record room after due completion.