Brief facts of the case are that petitioner, is a practicing lawyer at Faisalabad. He is owner in possession of Chamber No.44 in District Courts Complex, Faisalabad. The petitioner planned to reconstruct his Chamber. For this he entered into an agreement with the respondent on 8.8.10 as per terms and conditions narrated in para 2 of petition. Respondent started construction work in August 2008 and did different construction work till 17-8-09, vide detail has given in para 3 of petition. He allegedly received total amount of Rs.4,40,000/- vide detail in para 4 of petition but despite receiving and payment the respondent left the construction work incomplete and also did not fulfil his obligation regarding reconstruction of Chamber. When the respondent flatly refused to redress petitioner's grievance, the latter sent legal notice to the former on 18-8-09 but he still did not respond positively. Hence, this petition for recovery of suit amount (Rs.10,00,100/-) on account of respondent's defective / faulty service.
2. Process was issued for the appearance of respondent but he did not turn up despite service. He was, therefore, proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and also supported his claim through documentary evidence i.e. Affidavits EX-P2 to EX-P5, copies of licence of Ch. Khalil Ahmed Bhatti EX-P6, allotment letter No.5-F-B-2001 EX-P7, receipt No.3446 EX-P8, cash receipts EX-P9 to EX-P11, receipt of contents of construction work EX-P12, cash receipts EX-P13 to EX- P19, purchase receipt EX-P20, cash receipt EX-P21, legal notice EX-P22, postal receipt EX-P23, acknowledgement card EX-P24, counsel fee certificate EX-P25, police report No.196743 EX-P26, cash receipts Mark '1' to Mark '82', electricity bill Mark '83' to Mark '97' and PTCL bill Mark '98'.
4. As already stated, petitioner's evidence goes unchallenged by the respondent, therefore, the petition is accepted ex-parte to the extent of recovery of Rs.2,60,000/- which includes compensation / damages for physical and mental discomfort (Rs.50,000/-), compensation / damages for loss of business clientage / wastage of time (Rs.50,000/-), loss on account of extra electricity billing (Rs.10,000/-) and expenditure incurred on completion of left over work (Rs.1,50,000/-) whereas petitioner's remaining claim is hereby dismissed for want of proper evidence. After completion, file be consigned to record room.