The complainant filed a petition praying to pass an order directing the O.Ps. either to replace the mobile or refund the cost of the Mobile handset and to pay a Rs. 50,000/- towards Compensation and Rs. 5,000/- towards cost of litigation.
The complainant in the petition submitted that he purchased a Micro Max Mobile phone bearing model No. MMY A94 IMEI : 911343703170607 & 91134370615 and paid Rs. 8,400.00(Rupees Eight thousand four hundred ) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide Delivery challan No. 12 dated 05.05.2014 along with warranty certificate in favour of the complainant. Just after two and half months after its purchase, the above mobile set showed several defects in its functioning and became un-used for which the complainant could not able to use the said mobile and failed to get its utility and faced unbearable hardship. On several approaches, the OP nO-1 disclosed his 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 complaint suffered mentally, physically and financially.
Notice sent to the Opposite Party No- 5 & 6 are retuned with postal remarks as “left”. Despite notice Op-1,2,3 & 4 have not filed their written version as such the Ops No-1 to 4 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.2,3 & 4 to refund the cost of the Mobile of Rs. 8,400.00 (Rupees Eight thousand four hundred)only and pay RS. 5,000/- to the Complainant towards compensation 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, 3 & 4 are liable to pay Rs. 200/- per day of default to be deposited in the account of State Consumer Welfare fund, Odisha.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 28th February, 2015.
