1. As per contents of instant petition/claim, the complainant purchased one child suit on 16.11.2010, amounting to Rs, 860/-, when complainant observed the suit, that the zip of jeans pent was found defective, the complainant approached the respondent in order to get suit replaced, but the respondent has not replaced the same for which the complainant sent a legal notice to the respondent but respondent did not pay any heed, as a result the complainant moved the court.
2. The respondent was summoned but he did not turn up, so, he was proceeded against ex-parte on 22.12.2010 the ex-parte evidence of petitioner was recorded. Likewise petitioner produced the original receipt/bill as Ex.P.1 and legal notice as Ex.P.2, and closed petitioner's evidence.
3. Ex-parte arguments of learned counsel for the petitioner heard and record available on the file, perused.
4. The petitioner in support of his version put forth in the instant petition, got received his statement.
5. While there is no rebuttal at all to the aforesaid evidence of the petitioner. Petitioner has succeeded to establish that the Child Suit purchased by him from the respondent for the consideration of Rs, 860/- was found defective, while details of any loss due to said defective suit allegedly suffered by the petitioner have not been given. So, petitioner is not entitled for any damages. However, the petitioner is entitled for Rs, 860./- as the price of the suit and Rs, 5000/- as compensation.
6. For the foregoing reasons the petitioner is entitled for the recovery of Rs, 5860/- from the respondent who is directed to pay the same to the petitioner. File be consigned to record room after due completion.