Brief facts of the case are that on 28-2-10, the petitioner purchased a refrigerator from respondent on monthly installment of Rs.2480/- for consideration of Rs.34650/- he also paid Rs.5700/- as process fee as well as other charges of Rs.300/- (total Rs.6000/-). On receipt of payment the petitioner was issued invoice No.6515701/-. Respondent promised to deliver refrigerator by the evening of 28-2-10. A promissory note was also signed by the petitioner but despite all this, the respondent did not deliver the refrigerator nor he paid back payment made by the petitioner. As a result of this the petitioner had to suffer a lot, therefore, he repeatedly demanded from respondent to redress his grievance but they did not respond even to a legal notice sent by the petitioner.
Hence, this petition directing the respondent to deliver refrigerator or return payment of Rs.6000/- alongwith profit @ 18% and also cancel petitioner's promissory note in case the respondent choses to provide refrigerator. Besides this, the petitioner also claimed damages of Rs.50,000/- alongwith litigation expenses.
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 and purchase receipt Mark 'A'.
4. As already stated, petitioner's evidence goes unchallenged by the respondent due to ex-parte proceedings, therefore, the petition is disposed of in the manner that respondent shall deliver Refrigerator of specification as promised or in the alternative refund payment of Rs.6000/-. They shall further pay an amount of Rs.10,000/- as damages for mental / physical discomfort and litigation expenses whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.