Facts in brief are that the petitioner purchased a shop from respondent in their project 'Gateway Tower"; parties deal was struck at Rs.6,50,000/- and the petitioner paid advance money of Rs.1,70,000/- but the respondent did not hand over shop within the stipulated period of two year during which time they were obliged to provide all the amenities in their project but the respondent failed complete their project and hand over shop to the petitioner. They were also approached in person as well as by sending legal notice to honour their commitment but still they paid no heed, hence, this petition for recovery of refund of advance money, mark up on the said deposit, business loss, damages for physical / mental torture and litigation expenses but the respondent did not respond to petitioner's demand, hence, this petition.
2. Petition was contested by the respondent by filing their written statement but after failing per trial conciliation, nobody appeared on behalf of respondent, 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 and petitioner's claim is decreed to the extent of Rs.2,35,000/- which includes refund of advance money of shop (Rs.1,70,000/-) compensation / damages for physical discomfort and mental agony (Rs.50,000/-) and litigation expenses (Rs.15,000/-) whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.