Brief facts of the case are that petitioner's school placed an order with respondents for providing 50 chairs valuing Rs.40,000/-. An amount of Rs.20,000/- was also paid as advance alongwith conveyance charges of Rs.5000/-, vide receipt Ex-P4. As per deal, respondents were required to deliver the chairs till 1-10-09 but they failed to fulfill their commitment despite petitioner's repeated demands. The respondents were demanded time and again to refund petitioner's advance of Rs.25,000/- and also pay similar amount as damages for defective service as well as Rs.5000/- as litigation expenses but the respondents paid no heed, hence this petition.
2. Respondents contested the petition by filing written statement but thereafter they stopped appearing and their counsel also opted to withdraw his wakalatnama. On this, notice pervi was issued to the respondents but none of them appeared, they were, therefore, proceeded exparte.
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 respondents since proceeded ex-parte, therefore, the same is relied upon and petitioner's claim is decreed to the extent of refund of amount paid as advance to the respondents (Rs.20,000/-), compensation / damages for physical discomfort / mental agony (Rs.10,000/-) and litigation expenses (Rs.5000/-) whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.