1. Case of the complainant is that he purchased insulated electricity wires worth Rs. 107590/- in the month of July, October & November 2011 from the shop owned by respondents situated at Block NO. 4 Sargodha for electrification of newly constructed house with assurance and guarantee that electricity wires are made of 99.9% copper of superior quality. After completing wiring when he started to use electricity in the said house, different household appliances started to become out of order. On making enquiry he came to know that all this was happening due to inferior quality material used in the manufacturing of electricity wires supplied by the respondents who, when approached refused to accept the liability resultantly necessary legal notice was served upon them.
2. Respondents appeared in the court and submitted reply to the complaint stating that the electricity wires supplied to the complainant are manufactured by JEKO company whereas it quality is aboveboard; the application has been filed with malafiede intention; the legal notice was also replied.
3. Statement of the complainant's witness were recorded and cross examination on the request of counsel for the respondents was reserved but respondents absented themselves on 9.4.2012 , therefore, were proceeded exparte.
4. The complainant produced Umar Ashraf Bhatti as Pw-2, Muhammad Umar Farooq as Pw-3 and himself appeared as Pw-1. During the course of trial sample of the electric wires used in electricity wiring were produced in the court by the complainant which were sent to National Institute for Biotechnology and Genetic Engineering (NIBGE) Jhang Road Faisalabad for analyses. Apart from, Mr. Muhammad Taseer, Senior Instructor, Technical Training Institute Sillanwali Road Sargodha was also associated by the court to know the technical report about the wires who also got recorded his statement as Cw-1 and submitted his report as Ex-Cw-A.
5. Argument heard record perused.
6. Sale and purchase of electricity wires between the parties amounting to Rs. 83950/-, 15000 and 8640 total Rs. 107590/- vide receipt Ex-A, A2 and A3 respectively is admitted. According to the complainant and Pws the copper wires as claimed by the respondents were made of 99.9% copper. According to report of analyst National Institute for Biotechnology and Genetic Engineering (NIBGE) Jhang Road Faisalabad Ex-A19 and A21 " The copper contents in sample of copper wires as determined by atomic absorption spectrophotometer were found as follow:" {{TABLE}} Sample No. Result (%) S1 88.32 = 0.12 S2 88.81 = 0.55 S3 89.00 = 0.44 S4 90.60 = 0.81 S5 88.42 = 0.60 S6 01.52 = 0.04 S7 84.47 = 0.16 {{TABLE}} Cw-1 Muhammad Taseer who appeared as technical expert submitted his report Ex-Cw-A according to which the sample of electricity wires were found of inferior quality which may become the cause of excess consumption of energy, the dropage of voltage etc, etc. According to the statement of complainant and Pws the electricity wires supplied by the respondents were ultimately replaced with new wires. Pw-3 Umar Farooq electrician as per his statement had replaced the wiring and charged an amount of Rs. 45000/- and 35000/- total Rs. 80000/- as per receipt issued by him Ex-A 20.
7. In the circumstances when there is nothing on the record in rebuttal from the respondents side as have been proceeded ex-parte it is established on the record that respondents supplied electricity wires of inferior and defective quality to the complainant amounting to Rs. 107590/-, therefore, respondents is directed to return price of electricity wires amounting to Rs. 107590, the labour charges paid to Pw-3 by the complainant amounting to Rs. 80000/- along with Rs. 4000/- paid to National Institute for Biotechnology and Genetic Engineering (NIBGE) Jhang Road Faisalabad as analyses fee, Rs. 1000 paid to Cw-1 Muhammad Taseer, Rs. 2000/- Misc. Legal charges total Rs.
8. 194590/- within the one month of passing of this judgment . Complainanant is directed to return electricity wires purchased from the respondents after receipt of above said amount from the respondents. File be consigned to record room after due completion.