Brief facts of the case are that in February 2009, respondents approached the petitioner for sale of four Honda Cars. The petitioner paid whole of suit price of four vehicles including carriage, freight charges and expenses for registration of cars with Excise authorities and numbers plates amounting to Rs.75,00,000/-. As per agreement between parties, the respondents promised to deliver vehicles within a period of one month (on 17-3-09) but the respondents failed to abide by the schedule of delivery and started demanding extension of time on one pretext or the which the petitioner had to grant. When the respondents completely failed to abide by the agreement, they offered to provide vehicles of different make / model which the petitioner refused. As a rejection of petitioner's refusal, the respondents flatly refused to deliver anything to the petitioner. As the respondents blocked petitioner's amount for 16 months, he had to suffer physical / mental torture as well as monetary loss, therefore, petitioner demanded from respondents to compensate his loss. But the respondents paid no heed both to petitioner's verbal requests and legal notice dated 6.7.10, hence this petition.
2. Respondents were served through courier service but none of them appeared to contest the petition, therefore, they were proceeded exparte.
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 respondents since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.75,75,000/- which includes refund of amount paid by the petitioner (Rs.75,00,000/-), damages for physical / mental discomfort (Rs.50,000/-), litigation expenses (Rs.25,000/-) and interest on advance money paid by the petitioner @ of 10% or Bank rate which ever is less.
Therefore, petitioner's remaining claim is hereby dismissed After completion, file be consigned to record room.