Brief facts of the case are that in June 2009, the petitioner purchased a UPS from respondent. When he put the UPS to use, it did not work. Two/three attempts also failed to make the UPS running.
When petitioner complained to the respondent about non working of UPS, he promised to replace the same but did not honour his promise nor alternative arrangement made by the respondent delivered. Besides facing hardships, petitioner also had to spend expenses on the repair of UPS.
Petitioner demanded from respondent to compensate his loss and replace the defective UPS/batteries, but he paid no heed. Hence, this petition.
2. Process was issued to the respondent but he refused to accept the same, therefore, he was proceeded ex-parte. As respondent did not appear to contest the petition which is supported by petitioners evidence, therefore, petitioner's claim is decreed ex-parte in the manner that he shall replace petitioner's defective UPS by similar one and shall also pay damages of Rs. 10,000/- inclusive of litigation expenses. After due completion, file be consigned to record room.