Brief facts of the case are that petitioner hired respondent's services for repair of his electric motor but the latter failed to provide proper repair service despite charging the petitioner with repair expenses and wasting his time as well as causing mental torture / business loss. The petitioner demanded from respondent to compensate his loss but he did not care to redress petitioner's grievance nor he responded to legal notice sent by the petitioner on 3-9-10. Hence, this petitioner for recovery of suit amount of Rs.1,65,000/- as per detail given in para 7 of complaint.
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 documentary evidence i.e. Copy of legal notice EX-P2, courier receipt EX-P3, receipt EX-P4, receipts Mark '1' to Mark '3' in support of his claim.
4. As petitioner's evidence has not been rebutted by the respondent by reason of ex-parte proceedings, therefore, petitioner's claim is found liable to be accepted. However, the same cannot be decreed as prayed for want of requisite evidence.
5. In the light of above, petition is accepted for recovery of an amount of Rs.17,500/- as refund of repair charges (Rs.2500/-), compensation for physical / mental discomfort (Rs.5000/-) and litigation expenses (Rs.10,000/-) whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.