Facts in brief are that petitioner purchased a shop from respondents in their residential / commercial project 'City Complex'. Parties' deal was struck for consideration of Rs.4,23,000/- out of this amount the petitioner paid Rs.4,23,000/- in two installments but neither the respondents handed over constructed shop to the petitioner (within the stipulated period) nor they paid back the amount received from petitioner. The petitioner repeatedly approached them for redressal of his grievance but they paid no heed, hence, this petition for recovery of advance money, markup on such, loss of business / inconvenience, damages for physical / mental torture and litigation expenses but the respondents did not respond to petitioner's demand.
2. Process was issued for the appearance of respondent but they did not turn up despite service.
They were, therefore, proceeded ex-parte.
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 respondent since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of Rs.4,83,000/- which includes refund of advance money (Rs.4,23,000/-), compensation / damages for physical discomfort / mental agony (Rs.50,000/-) and litigation expenses (Rs.10,000/-) whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.