Brief facts of the case are that petitioner asked respondent to replace tyres of his car with Yokohama tyres but the respondent supplied him Dunlop tyres despite charging him Rs.12,000/- During weel balancing the petitioner came to know that the respondent had infact cheated him, therefore, he demanded the respondent to pay him suit amount of Rs.32,000/- but he did not respond.
2. Respondent appeared before court on 10-6-10 and availed a few opportunities to file written statement but he failed to file written statement. After availing last opportunity to file written statement on 9.7.10, the respondent did not turn up and was proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit and documentary evidence in support of his claim.
4. As already stated, petitioner's evidence has not been rebutted by the respondent since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.30,000/- i.e. Rs.10,000/- as refund sale price of tyres, Rs.10,000/- as compensation / damages for physical / mental discomfort and litigation expenses each whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.