Brief facts of the case are that on 11-1-11, the petitioner purchased a engine for installation in his car on payment of Rs.60,000/-. At the time of sale of engine, respondent party also promised to provide spare-parts as per detail in para 2 of petition, but the very next day, when petitioner approached the respondent alongwith Shahzad Bashir Cheema, he found that the disputed parts were not given with the engine. When the petitioner complained to the respondent, they conceded their fault and promised to provide the missing spare-parts but the same were not provided despite undertaking by the respondents. When petitioner's grievance was not redressed, he issued legal notice to the respondent but still they did not respond positively, hence, this petition for recovery of suit amount of Rs.5,00,000/- on account of damages for mental torture, financial loss and counsel fee.
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, copies of legal notice Ex-P-2, post office receipt Ex-P-3 and sale receipts Mark "P/A" & Mark "P/B".
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, petition is accepted ex-parte to the extent of Rs.80,000/- including refund of price of engine as Rs.60,000/-, compensation for physical / mental discomfort as Rs.10,000/- and legal expenses of Rs.10,000/- whereas petitioner's remaining claim is hereby dismissed. After due completion, file be consigned to record room.