1. The complainant filed the instant complaint against the respondent stating that on 31-10-10 at 07:00pm he purchased a battery China made for his mobile phone with a warranty of one year for consideration of Rs.300/- from shop of respondent when he inserted the battery in his mobile the battery did not work and he made a complaint on which the respondent asked him to use the battery after charging. After charging he again inserted the battery but again it could not work and he again made a compliant to the respondent who snatched the battery which he did not return and also misbehaved with him. Then he sent a legal notice to the respondent on 10-11-10 through registered letter AD but no reply was made. He claimed Rs.50000/- as damages for mental torture and agony, counsel fee Rs.5500/- and Rs.3000/- litigation expenses.
2. Subsequently on 20-01-11 respondent did not appear in the Court, 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. He produced a copy of legal notice as mark "A", receipt of post of despatch of legal notices as Exh. "PA" and AD as Exh. "PB" and closed his evidence.
4. I have heard the counsel for the complainant and gone through the record.
5. In view of the exparte proceedings and corroborative evidence of complainant I have left with no option except to believe the version of complainant as he made statement on oath and there is no rebuttal on the file against the version of complainant, therefore, I hold that the complainant is entitled to get relief from this Court, the complaint is partially accepted in the following terms that:-
1. The respondent is liable to replace the defective battery with new one free from any defect to the complainant or to pay Rs.300/- as price of battery
2. The respondent is also liable to pay Rs.5500/- as counsel fee and legal expenses of proceedings.
3. So far as the claim of complainant regarding the damages is concerned suffice to say that, no evidence is available on the record, 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.