The complainant filed a petition praying to pass an order directing the O.Ps. to refund the cost of the Mobile to the complainant with 18% interest and to pay Rs. 30,000/- towards compensation and Rs. 5,000/- towards coat of litigation etc.
The complainant filed in the petition submitted that he purchased a Micro Max Mobile phone bearing Model No.A-96, IMEI No. 911353350052552 from O.P. No. 1 an authorized retailer on dated 15.08.2013 for an amount of Rs. 10,200/- vide delivery challan No. 35 dated 15.08.2013 with warranty. After three months of its purchase the said mobile set showed several defects. The complainant intimated the above facts to the Opposite Parties yielded no result. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.
Notice served on the OP-1 through personal service. Notice sent to the O.P. 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’bleHigh 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 Party No-2 to refund Rs. 10,200/- the cost of the mobile and pay Rs. 5,000/- as compensation and Rs. 1000/- as cost of the litigation to the complainant within 30 days from the date of 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.
Pronounced in open Court on 29th November,2014.
