Brief facts of the case are that petitioner placed an order with respondent to prepare jewellery for the marriage of his son. Suit jewellery comprised four tola and seven ratti and valued Rs.42,000/-.
The petitioner had faith in respondent, therefore, he did not minutely check the quality and weight of jewellery items. Respondent also promised to change the jewellery without deducting any "Kaat" in case of it was changed or sold. On 6-2-10 when faced with financial constraints, the petitioner approached respondent for disposal of jewellery but the petitioner got astonished to know that jewellery was neither pure in toto nor it weighed four tola and seven ratti instead, it was found made of one tola, eight masha and two ratti pure gold. However, the respondent offered to purchase jewellery for Rs.60,000/- When the petitioner conveyed his grievance to the respondent and demanded to compensate his loss, they did not bother nor he responded positively to petitioner's legal notice dated 12-2-10. Hence, this claim for recovery of Rs.5,50,000/- on the grounds already stated.
2. Respondent did not appear to contest the petition despite service of court process, therefore, he was proceeded ex-parte and petitioner's evidence recorded which comprises his own statement and documentary evidence supporting petitioner's claim.
3. As already stated, petitioner's evidence has not been rebutted by reason of ex-parte proceedings, therefore, his evidence is relied upon and the claim is decreed in the manner that respondent shall check the jewellery and substitute its fake share of gold by pure gold. They shall also pay an amount of Rs.20,000/- as compensation / damages for physical discomfort and mental agony caused to the petitioner. As regards petitioner's remaining claim, the same is hereby dismissed After due completion, file be consigned to record room.