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 ect.
The complainant in the petition submitted that he purchased a Micro Max Mobile phone bearing Model No. A-72, IMEI No. 911307155898452 and IMEI No. 91130755908459 from O.P. No.1 an authorized retailer on dated 28.02.2014 for an amount of Rs. 7,500./- vide receipt No.207 dated 28.02.2014 with warranty. After two days of its purchase the said mobile exhibited several defects. The hand set did not given the facilities of Video calling, 5G facilities and the same was brought to the knowledge of O.P. No.1 who reacted and did not responded to the complainant. The complainant intimated the above facts to the customer care of Op-2 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 sent to the OP No-2 through Registered post did not receive back un-served and, therefore, delivery presumed. Despite notice, the Opposite Parties neither appeared nor filed their version as such they were proceeded exparte.
We are fortified by a decision of the Hon’ble High Court of Jammu & Kashmir in the matter of Fiat India Pvt. Ltd. Versus Dr. Zahid Hussain Gillari and others reported in 2003 CTJ 953 (CP) wherein the Hon’ble High Court held that “it is well settled that where the averments made in the complaint are un-rebutted, the presumption is that the averments are true and correct.”
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”.
Taking consideration the undisputed documentary evidence and pleadings, we are inclined to pass order in favour of the complainant, directing the Opposite parties to refund the cost of the mobile and pay Rs. 5,000/- as compensation and Rs. 1,000/- as cost of the litigationto the complainant within 30 days from the date of order, in default, the Opposite Parties are liable to pay Rs. 50/- per day till its realization. Copy of the order be communicate to the parties free of cost.
Pronounced in open Court on 30th May, 2014.
