1. The complainant filed a petition praying to pass orders directing the O.Ps either to replace the defectives handset or to refunds Rs. 1,400/- the cost of the Mobile handset and to pay Rs. 20,000/- towards compensation and Rs. 5,000/- towards cost of litigation.
2. The complainant in the petition submitted that he purchased a Carbonn Mobile hand set bearing Model No- K 22 IMEI No. 1-911108702557702 and paid Rs. 1,400 (Rupees One thousand and four hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 the dealer/retailer has granted a printed Money receipt vide retail Invoice No. 6615 dated 20.10.2014 along with warranty certificate in favour of the complainant. Just Seven months after its purchase, the above Mobile set showed several defects. The complainant approached both the Ops time and again yielded no result. Due to unfair trade practice/deficiency in service by the Opposite Parties the complainant suffered mentally, physically and financially.
Notice served on the OP-1 through personal service. Notice to the OP No-2 & 3 through registered post. Notice sent to the OP-3 has retuned back with postal remark as “Refused”. Despite notice the Opposite Parties neither appeared nor filed their written version as such did the Ops set ex-parte.
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 Manufacturing the OP No. 2 & 3 to refund Rs. 1400.00 (Rupees One thousand four hundred) only the cost of the Mobile and to pay RS. 5,000/- (Five thousand only) toward compensation and Rs. 2,000/- towards the litigation expensed to the complainant within 30 days on receipt of copy of this order in default, the Opposite Party No-2&3 are liable to pay Rs. 50/- per day of dealy 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 10th December, 2015.
