Brief facts of the case are that petitioner purchased a CNG auto rickshaw from respondent on monthly installments each valuing Rs.17, 500/- against total price of Rs.1, 75,000/-. At the time of sale of rickshaw, the respondent allegedly promised to pay expenses to be incurred on rick shawrepairing and its CNG gas kit as instead of covering 120km distance, it covered only 60km.
When the petitioner informed respondent about this defect, they promised to carry on necessary repairing but lateron refused. Petitioner also issued legal notice to the respondent for redressal of his grievance but they paid no heed, hence, this petition for recovery of suit amount of Rs.1,25,000/- as per detail given in para 4 of 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, two sale invoice Ex-P-2 & Ex-P-3, copy of legal notices Ex-P-4, post office receipt Ex-P-5 and authority letter Ex-P-6.
4. Ex-parte arguments heard and record perused.
5. As petitioner's evidence has not been rebutted by respondent, the same is, therefore, relied upon and petitioner's claim is accepted ex-parte in the manner that respondent shall pay total amount of Rs.50,000/- to the petitioner including expenses incurred on repairing of rickshaw, loss of fuel / petitioner's work and compensation for suffering mental / physical discomfort whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.