Brief facts of the case are that on 18-4-11, petitioner purchased a laptop from respondent with one year grantee but the product went wrong only after one month of purchase. When petitioner complained to the respondent regarding improper working of laptop, they promised to put it ok but lateron backed out. Not only this, the respondent also extended threats to the petitioner. On 18.10.11, the petitioner issued legal notice to the respondent demanding to redress his grievance but they did not. Then the petitioner filed this claim for recovery of suit amount of Rs.3,94,500/- as price of laptop and damages for mental / physical discomfort.
2. After filing of petition, respondent's counsel filed memo of appearance but then nobody turned up and respondent's service was effected through publication of court notice in the press but even then none appeared from respondent's side, they were, therefore, 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, OCS 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 decreed in the manner that respondents shall replace suit laptop by a new one of same kind and make or pay sale price of Rs.44,500/-, compensation of Rs.10,000/- for physical / mental discomfort and legal expenses of Rs.5,000/- whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.