1. The complainant filed a petition praying to pass orders directing the O.Ps to refund the cost of the hand over a new set and to pay Rs. 20,000/- towards compensation and any relief as the forum dims fit and proper in the ends of justice.
2. The complainant in the petition submitted that he purchased a Samsung Mobile handset from the OP No-1 bearing Model- No. G.530 for Rs.13,000/- (Rupees thirteen thousand) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt No. 53 dated 13.4.2015 along with warranty certificate in favour of the complainant. Since the day of purchase the said handset showed several defect on approaches to the Ops they did not attended the complain of the complainant. Due to unfair trade practice/deficiency in service by the Opposite Parties the complainant suffered mentally, physically and financially.
Despite notice the Opposite Parties did not choose to contest the case by filing their written version.
In course of hearing, we heard the complainant and gone through the records carefully.
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. 2&3 to refund Rs. 13,000/- (Rupees thirteen thousand only) the cost of the mobile and pay RS. 7,000/- (Seven thousand only) towards monetary compensation which includes the litigation expenses 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 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 31st August, 2015.
