1.The complainant filed the instant complaint against the respondent stating that he handed over to the respondent one Iron gate weighing 120Kg for repair and paint and Rs.500/- was settled as labour charges of the required services which he paid to the respondent on the spot but neither respondent repaired the gate nor returned to him in original and ultimately in response to his repeated demands he told him that the gate had been stolen one month prior into the situation the complaint in hand. He sent a legal notice to the respondent but he did not respond to it and promised orally to settle the dispute but at last he refused to return the gate, hence this complaint.
2. The respondent did not appear in the Court despite of his service through registered letter AD, therefore, exparte proceedings were initiated against him and case was fixed for exparte evidence.
3. In exparte evidence the complainant appeared as PW1 who reiterated the same facts mentioned in the complaint and produced copy of legal notice as mark "A", postal receipt as Exh. "PA" and acknowledgement due as Exh. "PB". He claimed Rs.9600/- value of gate, in addition to this he also claimed Rs.500/- as labour charges paid by him to the respondent. Similarly PW2 supported the version of complainant and he further stated that respondent did not redress the grievances of complainant.
4. In view of the exparte proceedings and corroborative evidence of complainant. I have to believe the version of complainant as there is no rebuttal on the file, therefore, I hold that respondent miserably failed to provide the services to the complainant as settled between them and resultantly the complainant is entitled to get relief from this Court, therefore, the complaint is partially accepted in the following terms that:-
1. The respondent is liable to return the iron gate of same condition and weight or in alternate Rs.6000/- as the gate was an old gate per showing of the complainant.
2. The respondent is also liable to pay Rs.500/- which he received as labour charges.
3. The respondent is also liable to pay Rs.2000/- as counsel fee alongwith Rs.1000/- as expenses of proceedings.
4. So far as the claim of complainant regarding the damages is concerned suffice to say that, he has not produced any evidence, therefore, it is declined.
The respondent would be liable to pay all above payment, within 30 days of announcement of this judgment without fail.