Abdul Rasheed etc vs Rana Muhammad Yasir etc.

Brief facts of the case are that in June 2010, petitioners ordered the respondents for supply of one lac bricks and also paid advance amount of Rs.1,26,000/-. When petitioners used the suit bricks, the same were found short of first class product. On this, petitioners protested to the respondents and then issued a legal notice dated 18-8-10 but the respondents paid no heed. Hence, this petition for refund of advance amount of Rs.1,26,000/- and compensation / damages of Rs.500,000/- alongwith legal expenses of Rs.20,000/-.

2. Process was issued for the appearance of respondents but they did not turn up despite service.

They were, therefore, proceeded exparte.

3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence in support of his claim i.e. Copies of legal notice EX-P2 to EX-P3, postal receipts EX-P4 to EX-P5 cash receipt EX-P6 and post cards EX-P7 to EX-P8.

Abdul Rasheed etc Vs. Rana Muhammad Yasir etc.

4. As already stated, petitioner's evidence has not been rebutted by the respondents since proceeded ex-parte, therefore, the same is relied upon and the petition is disposed of ex-parte in the manner that respondents shall refund payment received from petitioners regarding supply of bricks on return of 24,000 bricks, the respondents shall also pay an amount of Rs.25,000/- as compensation / damages for physical / mental discomfort suffered by the petitioner as well as legal expenses of Rs.10,000/- whereas petitioner's remaining claim is hereby dismissed. After completion, file be consigned to record room.