1. The complainant filed a petition praying to pass orders directing the O.Ps either to deliver a defect free same model new Mobile handset or to pay Rs. 7,500/- toward  Rs. 00,000/- towards compensation and Rs. 10,000/- toward  cost of litigation.
    
2. The complainant in the petition submitted that he purchased a Intex Mobile hand set from the OP No-1 bearing Model No. Aqua Star IMEI No. 911403850945522 and paid Rs. 7,500/- (Rupees Seven thousand five hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide retail invoice No. 7 dated 18.05.2015 along with warranty certificate in favour of the complainant. Just seven days after its purchase, the complainant found several defect and brought to the knowledge of OP. No.1 towards the rectification of defects and handed over the Mobile to the OP No-1 who kept the mobile  with him for one month and retuned the same by saying that the defects of the mobile has been rectified. On using the said set, again the set showed same defects. Finally the hand set stopped its functioning for which the complainant could not get its utility. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.

Notice served on the OP-1 through personal service and notice sent to the OP-2 through registered post. Despite notice the Opposite Parties did not choose to contest the case by filling their written version.

In course of hearing, we heard the complainant and gone through the records carefully.

We come across a decision of the Hon’ble Supreme Court in the matter of Vidya Dhar-Versus-Munkif Rao and another reported in 1992(2) Civil Court Cases at page-91 held that “if a party did not adduce any evidence in rebuttal, then adverse inference should drawn against the party for not rebutting the evidence.”

Therefore, the un-rebutted arguments left no corner to disbelieve the complaint. Taking consideration the undisputed documentary evidence and pleadings, we are inclined to pass order in favour of the complainant, directing the O.P. NO.2 to refund Rs. 7,500/- (Rupees Seven thousand five hundred) only the cost of the mobile and Rs. 5,000/- (five thousand only) as compensation and Rs. 1,000/- (Rupees one thousand  only) towards litigation expenses to the complainant within 30 days on receipt of a copy of this order in default, the Opposite Party No-2 is liable to pay Rs. 50/- per day of default till its realization. Copy of the order be communicate to the parties free of cost.

Copy of the order be sent to the parties free of cost.

Pronounced in open Court on 26^th November,2015.