1. Hafiz Aman Ullah a businessm an of Kamoki District Gujranwala has filed the instant complaint against the Sage Shoes through it proprietor with the accusation that he on 03-06-12, he has purchased four pairs of shoes from respondent's shop vide receipt No.1198, out of which one cited at serial No.4 of the receipt has developed cracks after use of few days upon the upper leather but his complaint was not entertained inspite of repeated visits on one pretext or the other. According to the complainant on 06-10-12 the said pair of shoes was returned vide receipt and in the same claim was accepted and undertaking was given for replacement of said defective shoes with new one on 22-10-12 but on the said date when he approached the respondent alongwith Muhammad Younas and Muhammad Arfan, there was refusal and he was also humiliated. Complainant has alleged that because of said conduct, he becomes entitled for the return of actual price of Shoes Rs.3295/-, Rs.500000/- as compensation for agony and monetary loss and Rs.20000/- for legal charges.
2. Respondent was summoned and in spite of making appearance through Imran Ahmed, Manager who appeared along with his CNIC but on 02-01-13, no one was turned up on behalf of the respondent. As such ex-parte proceedings were taken.
3. In ex-parte evidence, complainant has appeared as PW1 wherein he has reiterated the facts mentioned in the complaint. He has been corroborated by PW2 Muhammad Afran. On documentary side, copy of purchase receipt Exh."P1", copy of claim receipt Exh."P2", copy of legal notice Exh."P3", postal receipt Exh."P3/1", counsel fee certificate Exh."P4" and pair of disputed shoes Exh."P5" have been produced.
4. There is nothing in rebuttal and also PWs were not cross examined, so this Court has left with no option but to reply upon the same. As such complaint is accepted and complainant is declared entitled for retune of Rs.3295/- paid price of disputed shoes. Although complainant has claimed Rs.500000/- as compensation for agony and monetary loss but no substantial evidence has been produced regarding actual loss. However, as through un-rebutted ex-parte evidence, visits to the shop of respondent are being proved, so Rs.5000/- are awarded as journey expenses. Rs.3000/- are also awarded as legal charges considering the same to be appropriator in view of the controversy in hand. As such by accepting the instant complaint respondent is direction to pay Rs.11295/- to the complainant within 30 days. File be consigned to record room after its due completion.