1. Case of the complainant is that he purchased from the respondent electricity Generator make Megma model 3500 for a consideration of Rs. 33000/- on 27.04.2011. After 03 months of its purchase said Generator failed to provide the electricity as could not give out put as per its capacity mentioned by the seller. The matter was brought in to the knowledge of the respondent but he refused to redress the grievance of the complainant.
2. Respondent appeared in the court and submitted his written contentions that the guarantee to the complainant about the Generator in question was issued only to the extant of use of copper wire in the Generator. Respondent insisted that Generator was genuinely made by Megma Company.
3. During the course of proceedings services of an expert, Senior Instructor Technical Training Institute Sillanwali Road Sargodha were obtained regarding make, capacity and general condition of Generator who submitted his report on the record after thorough examination of the Generator, whereafter respondent disappeared for which he was proceeded ex-parte vide order dated 20.01.2012 and evidence of the complainant was recorded. Complainant appeared in the witness box as Pw-2 in support of the version of his complaint. He produced on record a receipt Exp-PB for purchase of Generator issued by the respondent, Copy of legal notice Exp-PC, the complaint Exp- PD, the receipt of payment of examination fee Exp-PE & PF.
4. I have perused the record and heard counsel for the complainant. Sale and purchase of the Generator by the parties is admitted. The point to be decided in this case is that:- As to whether Generator is genuinely made by MEGMA brand and its capacity to generate electricity is same as promised by the seller?
5. The statement of Muhammad Taseer who is Senior Instructor Electrical in the Government institute as Pw-1 carries weight who is an expert in the field and has made inspection of the Generator in question. According to the statement and report of this Pw as Exp-PA, the Generator is not manufactured by Megma brand as this brand name is not engraved on the engine whereas the Generator originally manufactured by this company available in the market contains the engraved brand name. The maximum input of Generator in question is not more than 01KW and the engine on this capacity started leakage and produced unusual sounds. According to Pw-1 he has associated his colleague, an expert in auto-mechanics who also confirmed his findings. The report Exp-PA was proved by the witness.
6. Upshort of the discussion is that it is established on record that the Generator sold to complainant by the respondent is not genuinely Megma brand and its maximum capacity to generate is not more than 01KW in the present condition meaning thereby that fake and defective product was sold by respondent Momin Khan Machinery Store to the complainant. Hence respondent is directed to return the amount of Rs. 33000/- received from complainant as the price of Generator to the complainant. Respondent is further directed to pay Rs. 1000/- as examination Fee and Rs. 500/- as diet money paid to the Pw-1, besides, Rs. 3000/- as legal charges within the period of one month to the complainant. The Generator Exp-P1 is lying with the Registrar of this court which shall be handed over to the respondent after making compliance of the judgment of this court. File be consigned to record room after due completion.