1.         The complainant filed a petition praying to pass orders directing the O.Ps either to replace the defectives handset or to refunds Rs. 5,900/-  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 GIONNE Mobile hand set bearing Model No- P2S and paid Rs. 5,900.00 (Rupees Five thousand and nine 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 Invoice No. 1433 dated  5.1.2015 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&4 through  registered post. 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  OP No. 1,2,3&4 jointly and severally  refund Rs. 5,900.00 (Rupees five thousand nine hundred)  only the cost of the Mobile and pay RS. 5,000/- (Five thousand only) to the complainant towards  compensation for harassment and pay Rs. 2000/- towards litigation expenses within 30 days on receipt of copy of this order in default, the Opposite Party No-1,2,3&4 are liable to pay Rs. 50/- per day of delay 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 10^th  December, 2015.