Brief facts of the case are that in June 2010, petitioners ordered the respondents for supply of one lac bricks and also paid advance amount of Rs.1,26,000/-. When petitioners used the suit bricks, the same were found short of first class product. On this, petitioners protested to the respondents and then issued a legal notice dated 18-8-10 but the respondents paid no heed. Hence, this petition for refund of advance amount of Rs.1,26,000/- and compensation / damages of Rs.500,000/- alongwith legal expenses of Rs.20,000/-.
2. Process was issued for the appearance of respondents but they did not turn up despite service.
They were, therefore, proceeded exparte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence in support of his claim i.e. Copies of legal notice EX-P2 to EX-P3, postal receipts EX-P4 to EX-P5 cash receipt EX-P6 and post cards EX-P7 to EX-P8.
Abdul Rasheed etc Vs. Rana Muhammad Yasir etc.
4. As already stated, petitioner's evidence has not been rebutted by the respondents since proceeded ex-parte, therefore, the same is relied upon and the petition is disposed of ex-parte in the manner that respondents shall refund payment received from petitioners regarding supply of bricks on return of 24,000 bricks, the respondents shall also pay an amount of Rs.25,000/- as compensation / damages for physical / mental discomfort suffered by the petitioner as well as legal expenses of Rs.10,000/- whereas petitioner's remaining claim is hereby dismissed. After completion, file be consigned to record room.