Brief facts of the case are that on 23-7-11, the petitioner purchased a battery from respondent on payment of Rs.11,700/- against six months warranty but the battery stopped working properly only after three months. When the petitioner complained to the respondents about non-working of battery, they promised to replace it within a week but instead of giving new battery, the respondent returned the same battery sold to the petitioner. Obviously, the petitioner again complained to respondent but they paid no heed nor they responded positively to legal notice sent by the petitioner on 1.12.12, hence, this petition for recovery of suit amount of Rs.1,11,700/- including damages for mental torture, conveyance charges, counsel fee and refund of sale price of battery.
2. As nobody appeared from respondent's side despite issuance of court notice including substituted service by publication of court notice in the press, therefore, they were proceeded ex- parte
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit Ex-P-1, copies of legal notice Ex-P-2, post of receipt Ex-P-3 and sale receipt Ex-P-4,
4. Ex-parte arguments heard and record perused.
5. As petitioner's evidence has not been rebutted by respondents due to ex-parte proceedings, therefore, petitioner's claim is accepted for recovery of Rs.31,700/- on account of Rs.11,700/- as sale price of batter, Rs.10,000/- as compensation for physical / mental discomfort and Rs.10,000/- as legal expenses whereas petitioner remaining claim is hereby dismissed. After due completion, file be consigned to record room.