1. The complainant filed a petition praying to pass orders directing the O.Ps to refund the cost of the Mobile handset and to pay Rs. 40,000/- towards compensation and Rs 5, 000/- towards cost of litigation.
2. The complainant in the petition submitted that he purchased a Samsung Mobile hand set from the OP No-1 bearing Model-Desire 636 GT IMEI No. 358030060715195 and paid Rs.17,400/- (Rupees Seventeen thousand four hundred ) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide delivery Challan No. 30 dated 23.06. 2014 along with warranty certificate in favour of the complainant. One month after its purchase, the complainant found defect in the said handset and brought to the knowledge of O.P.No.1 towards the rectification of defects and handed over the Mobile to the OP No-1 who sent the mobile to the service centre and some days after its deposit he returned the same by saying that the defects of the mobile has beeen rectified. On using the said set again showed same defects for which the complainant again met the OP No-1 who disclosed that the mobile set suffers from inherent manufacturing defects and the same could not be rectified . The complainant contaced the OP No-2 yielded no result. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.
Despite due notice, the Opposite Parties did not choose to contest the case by fillling 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.17,400/- (Rupees Seventeen thousand four hundred ) only the cost of the mobile and Rs.5,000/- ( Five thousand only) towards compensation and Rs. 1000/- towards litigation expenses which includes the 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 26th October, 2015
