Brief facts of the case are that respondent, Ali Noshahi Estate Developers promised to provide to the petitioner housing facilities like electricity, sewerage, roads, mosque, good water, transport, cable network and street lights etc at the time of selling him suit plots but despite their promise the respondent did not provide the aforementioned facilities. The petitioner demanded from respondents either to honour their commitment and compensate his loss or provide alternative plots in some other housing scheme or refund the payment. The petitioner also issued legal notice to the respondent but they did not respond, hence this petition.
2. Petition was fixed for filing written statement but respondents were proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence i.e. Copy of legal notice EX-P2, postal receipt EX-P3, sale deed EX-P4, photo copies Mark 'A', Brochure Mark 'B' in support of his claim.
4. As petitioner's evidence has not been rebutted by the respondent due to ex-parte proceedings, therefore, the same is relied upon and petitioner's claim is disposed of in the manner that either they shall provide the promised facilities in the proposed housing scheme or replace the suit land by alternative land in some other housing scheme lunched by the respondents. Respondents shall also pay an amount of Rs.50,000/- as compensation for physical / mental discomfort caused to the petitioner and litigation expenses whereas petitioner's remaining claim is however, dismissed.
After due completion, file be consigned to record room.