Petitioner's ex-parte evidence has been recorded which comprises his statement, his sworn affidavit Ex-P-1, purchase receipt Ex-P-2, copy of legal notice Ex-P-3 and post office receipt Ex-P-4.
2. Ex-parte contentions heard and record perused.
3. Facts in brief are that on 27-7-11, the petitioner purchased a fan from respondent's shop on payment of Rs.2200/-. At the time of sale of fan, the respondent gave two years guarantee for its proper working but the fan went wrong in a period of one month. On 29-8-11, petitioner complained to the respondents about the alleged defect in fan. On this, respondent promised to replace the fan but thereafter they backed out from their under taking. When petitioner's repeated demands for redressal of his grievance by the respondents were not paid any heed, he issued them legal notice on 4.10-11 but still respondents did not respond positively, hence, this petition for refund of sale price of fan alongwith suit damages of Rs.1,00,000/- on account of mental / physical discomfort.
4. The respondent did not appear despite issuance of court process, they were, therefore, proceeded ex-parte.
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 for recovery of Rs.17,200/- on account of sale price of fan as Rs.2200/-, compensation for physical / mental discomfort as Rs.5000/- and legal expenses as Rs.10,000/- whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.