Brief facts of the case are that on petitioner's request, the respondent promised to arrange a house on monthly rent of Rs.6000/-. He also received an amount of Rs.10,000/- as one month advance rent and respondent's professional fee of RS.4000/- but instead of enabling the petitioner to have the house on rent, the respondent let the same to a third party on enhanced rent of Rs.7000/-.
When the petitioner demanded refund of Rs.10,000/- the respondent neither refunded payment nor otherwise redressed petitioner's grievance, hence, this petition for grant of suit amount of Rs.50,000/- including compensation / damages of Rs.40,000/-.
2. Respondent contested the petition by filing their written statement. After failing pre trial conciliation proceedings, petition was fixed for the evidence of petitioner but today nobody appeared on behalf of respondent, therefore, respondent was proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence in support of his claim i.e. Copy of legal notice EX-P2, postal receipt EX-P3.
4. As already stated, petitioner's evidence has not been rebutted by the respondents since proceeded ex-parte, therefore, the petition is accepted ex-parte and respondent is ordered to refund to petitioner payment of Rs.10,000/- and compensate / damages of Rs.10,000/- whereas petitioner's remaining claim is hereby dismissed. After completion, file be consigned to record room.