1. The complainant filed a petition praying to pass orders directing the O.Ps either to replace the defectives handset or to refunds Rs. 11,700/- the cost of the Mobile handset and to pay Rs. 50,000/- 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- GEONI E-7 mini IMEI No. 864141020679640 and paid Rs. 18,,800.00 (Rupees Eighteen thousand and eight 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 vide bill No. 1823 dated 16.12.2014 along with warranty certificate in favour of the complainant. Just five 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 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 Manufacturing the OP No. 2 to refund Rs. 18,800.00 (Rupees Eighteen thousand eight hundred) only the cost of the Mobile and pay RS. 5,000/- (Five thousand only) to the complainant towards monetary compensation which includes litigation expenses within 30 days on receipt of copy of this order in default, the Opposite Party No-2 is liable to pay Rs. 50/- per day of dealy till its realization. Copy of the order is communicated to the parties free of cost. The Opposite Party No-1 being the dealer is directed to communicate this order to the manufacturer through the regional office of Geionee mobile to avoid delay.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 28th September, 2015.
