1.  The complainant filed a petition praying to pass orders directing the O.Ps to refund Rs. 17,000/- the cost of the battery.

      2.  The complainant in the petition submitted that basing upon the order of the Forum passed in CC No. 22/2015 the Opposite Parties have paid Rs. 7,000/- vide Cheque No. 819698 dated 8.6.2015 for Standard Charted Bank, New Delhi-1 but the defective battery which was deposited as per FSC No. 76972 book No. 1540 dated 19.12.2014 has not replaced.

        3. Despite notice the Opposite Parties neither appeared nor filed their written version as such the  Opposite Parties are set ex-parte vide our order dated 17.08.2015

4.   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”.

        5. 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  OP No. 2 to refund Rs. 17,000/-  the cost of the battery 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  till its realization. Copy of the order is communicated to the parties free of cost.

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

Pronounced in open Court on 31^st August, 2015.