1.         The complainant filed a petition praying to pass an order directing the O.Ps. to pay a sum of Rs. 19,000/-  towards pecuniary loss, 20,000/- towards mental agony, Rs. 5,000/- towards litigation expenses other relief.

2.         The complainant in the petition submitted that he purchased a Sony Xperia M2 mobile phone vide IMEI-1. 35277406-665509-7, IMEI-2. 35277406-665510-5 on 1.102014 vide invoice No. 25 dated 01.10.2014 for Rs. 19,000/-. On the same day immediate after its purchase the complainant in presence of OP No-1 noticed that the phone is not supporting for the 2^nd SIM card as such which has not having proper slot to insert the 2^nd SIM. The complainant immediately consulted the OP nO-2 for Guidance and remedy who rejected the request of the complainant by saying that the same is out of warranty. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint took shelter of this forum for proper redressal of her grievances.

            Upon notice the Opposite Party No-2 appeared one and thereafter remained absent. Despite notice Op-1 & 3 neither appeared nor filed their written version to the complainant as such all the Opposite Parties set ex-parte.

            In course of hearing we gone through the complaint petition and affidavit and  we presumed that sue to fault on their part the Ops did not contest the case as admitted the allegation of the complainant.

  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 pleadings, we are inclined to pass order in favour of the complainant, directing the OP No.2 to refund  19,000/- (Rupees Nine thousand only) the cost of the mobile to the complainant along with  RS. 5,000/- (Five thousand only)  towards compensation for harassment Rs. 1,000/- (Rupees One thousand only) towards litigation expenses to the complainant within 30 days on receipt of 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.

Pronounced in open Court on  30^th January, 2015.