Brief facts of the case are that early 2012, the petitioner placed an order with respondent for preparation / polishing a few furniture items for which he paid one half of charges of Rs.28,250/- while remaining half amount was to be paid on delivery of furniture. Respondent agreed to hand over furnished items of furniture by the end of December 2011. Besides aforementioned payment, the respondent also deceitfully received further amount of Rs.20,000/-. As the respondent failed to supply properly furnished furniture items, the petitioner demanded him to refund payment of Rs.56,500/- as well as pay damages of Rs.1,00,000/- but he paid no heed. The petitioner also issued legal notice to the respondent on 7-1-12 but to no effect, hence, this petition.
2. The respondent did not appear despite issuance of court process, they were, therefore, proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit Ex-P-1, legal notice Ex- P-2 and post office receipts Ex-P-3 & P-4.
4. Ex-parte arguments heard and record perused.
5. As petitioner's evidence has not been rebutted by respondent, therefore, the same is relied upon and petitioner's claim is decreed ex-parte to the extent of Rs.56,500/- subject to return of items of furniture supplied by the respondent. Besides this, the respondent shall also pay Rs.10,000/- as compensation for physical and mental discomfort and Rs.5000/- as legal expenses whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.