Brief facts of the case are that in February 2010, the petitioner placed an order for purchase of Shahzor Dala (Hyundai) from respondent on initial deposit of Rs.8,99,000/- followed by further deposit of Rs.15,000/- but despite petitioner's making payment, respondent failed to deliver the vehicle as promised. The petitioner demanded from respondent time and again to honour their commitment but the respondent did not respond nor even replied to petitioner's legal notice dated 8-9-10, hence, this petition for delivery of Shahzor Dala and payment of damages of Rs.10,00,000/- on account of mental torture and loss of reputation suffered by petitioner.
2. Notice was issued to the respondent for 6-10-10 but they refused to accept service of court process, therefore, they were proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1, copy of legal notice EX-P2, original courier receipt EX-P3, respondent's visiting card EX-P2 and provisional sale order Mark A' in support of his claim.
4. Petitioner's contention heard and record perused.
5. As already stated respondent did not appear to contest the petition, therefore, petitioner's evidence would have to be believed. As such petition is accepted ex-parte and respondent is ordered to deliver Shahzor Dala alongwith requisite documents. As regards petitioner's claim for award of damages of Rs.10,00,000/- such damages cannot be granted the same being result of exaggeration. However, keeping into consideration the peculiar facts of this case, petitioner is found entitled to receive compensation of Rs.50,000/- alongwith litigation expenses of Rs.20,000/- whereas petitioner's remaining claim is found liable to be dismissed.
6. For what has been stated above, petition is accepted ex-parte and respondent is ordered to hand over suit vehicle "(Dala)" to the petitioner alongwith necessary documents and also pay compensation of Rs.50,000/- as well as litigation expenses of Rs.20,000/-. Petitioner's remaining claim is, however, dismissed. After completion, file be consigned to record room.