On 1-11-12, they were proceeded ex-parte but he was permitted to file written statement on payment of Rs.400/- as cost which has also not paid. Respondent is, therefore, proceeded ex- parte.
Petitioner's ex-parte evidence has been recorded which comprises his statement as PW-1, purchase receipt Mark "P/A", post office receipt Ex-P-1 and copy of legal notice Ex-P-2.
2. After recording statement of petitioner also moved an application for permission to replace the suit water tank which is not more fit for use.
3. Petitioner's contentions heard and record perused.
4. Perusal of record would show that on 22-3-06 the petitioner purchased suit water tank with guarantee for 10 years but the tank started leaking only after lapse of 4/5 years. Petitioner's repeated demands on respondent for repair of water tank did not bear fruit. On feeling compelled, the petitioner also prayed for permission to replace the water tank after purchase of new one.
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.10,000/- on account of depreciated value of water tank, compensation for physical / mental discomfort and legal expenses. After due completion, file be consigned to record room.