1. The complainant filed a petition praying to pass orders directing the O.Ps to refund the cost of the Mobile to the complainant with interest and to pay Rs. 50,000/- towards compensation and Rs. 5,000/- towards cost of litigation.
2. The complainant in the petition submitted that he purchased a Micro Max Mobile phone bearing Model No Micro max AXI A 89 IMEI No. 911255801164003 and IMEI No. 911255801185008 and paid Rs. 6,300.00 (Rupees Six thousand & three hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide Retail Invoice No. 1569 dated 04.04.2013 along with warranty certificate in favour of the complainant. Two months after its purchase, the complainant found several defects and brought to the knowledge of OP No.1 towards the rectification of defects five times and handed over the Mobile to the OP No-2 through the OP No-1 three times but the Ops did not rectified the defects rather the Op No-2 during its repair he changed the IMEI number. On several approaches, the Op No-1&2 disclosed their inability for rectification of defects as the mobile set suffers from inherent manufacturing defects. Due to unfair trade practice/deficiency in service by the Opposite Parties the complainant suffered mentally, physically and financially.
Despite due notice, the Opposite Parties did not choose to contest the case by filing their written version as such 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 OP No.3 to refund Rs. 6,300.00 (Rupees Six thousand & three hundred) the cost of the mobile and RS. 5,000/- (Five thousand only) as compensation and 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 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 28th June, 2014.
