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. 30,000/- 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 No.G925(32GB) GOLD Platinum IMEI No. 359670063128893 under pay back point 10,0000 by per booking pun on payment of Rs.57,400/- only toward the cost of the said mobile handset and accordingly the Op No.1 granted a printed Money receipt vide Invoice No. 56 dated 18.04.2015 along with warranty certificate in favour of the complainant. Two months after its purchase, the complainant came to know that the cost of the mobile has decreased. Thereafter the complainant contacted all the Ops who taken no response to the complainant. They played hide and seek game with the complainant and thereby the OP No-3 cheated the complainant. It is further case of the complainant is that the battery back-up of the said set is very weak and suffers other several defects for which the complainant could not used the said set properly. Due to unfair trade practice / deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.

Despite notice both the Ops did not choose to file their written version. Hence, all the Opposite Parties set se-parte.

In course of ex-parte 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.3 to refund Rs. 57,4000/- (Rupees Fifty Seven thousand four hundred) only the cost of the mobile and pay Rs. 10,000/- (Ten thousand only) as monetary compensation which includes litigation expenses to the complainant within 30 days on receipt of a copy of this order in default, the Opposite Party No-3 is liable to pay Rs. 50/- per day 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 30^th November,2015.