Brief facts of the case are that on 11-5-06 the petitioner got prepared gold jewellery weighing 3 tola 1 masha and 1/4 ratti from respondent. At the time of purchase of jewellery, the petitioner was given to understand that his jewellery contained only 1 masha im-pure gold, therefore, whenever the petitioner would like to dispose of jewellery, the respondent shall pay him value of net weight of gold i.e. 3 tola 1/4 ratti. When petitioner approached the respondent for disposal of jewellery, he put forth lame excuse that he has stopped dealing in gold jewellery. However, the respondent offered to pay compensation of Rs.45000/- to the petitioner after deduction of 14 ratti weight of gold. On this, the petitioner contacted other gold smiths who told him that suit jewellery was not pure one which was im-pure approximately by one half of weight. The petitioner demanded from respondent to compensate his loss of Rs.1,80,000/- (forfeited advance of plot), refund of Rs.1,05,000/- as sale price of jewellery and damages of Rs.2,00,000/- (total Rs.4,85,000/-) alongwith litigation charges of Rs.17,500/- but the respondent did not respond.
2. Respondent did not appear to contest the petition despite service of court process, therefore, he was proceeded ex-parte. Petitioner's evidence was 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 petitioner's claim is decreed in the manner that respondent shall compensate petitioner to the extent of im-pure quantity of gold, over and above what is customary in the bullion market. As regards petitioner's claim for compensation of forfeited advance money of plot and damages for defamation - amounting to Rs.3,80,000/- the petitioner is found not entitled to claim any compensation / damages the same not being immediate result of respondent's defective product. However, the respondent shall pay compensation of Rs.15,000/- (including litigation expenses) for physical discomfort and mental agony suffered by the petitioner. As regards petitioner's remaining claim, the same is hereby dismissed for lack of proper evidence. After due completion, file be consigned to record room.