1. The complainant filed a petition praying to pass orders directing the O.Ps to deliver a new defect free same model handset or refund 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 Samsung Mobile hand set from the OP No-1 bearing Model No.Samsung G-355 EMEI No. 354799/06/531808/0* and paid Rs 8,500/- (Rupees Eight thousand five hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide No. 586439 dated 13.10..2014 along with warranty certificate in favour of the complainant. Seven month after its purchase, the complainant found defect and brought to the knowledge of O.P.No.1 towards the rectification of defects and handed over the Mobile to the OP No-1 who kept the mobile with him for one month and returned the same by saying that the defects of the mobile has beeen rectified. On using the said saet again showed same defects for which the complainant again met the OP No-1 who disclosed that the set suffers from inherent manufacturing defects and the same could not be rectified and adise the complainant to contact with the OP No-2. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.
Despite notice the Opposite Parties did not choose to contest the case by fillling their written version.
In course of hearing, we heard the complainant and gone thropugh 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 O.P.No. 2 to refund paid Rs 8,500/- (Rupees Eight thousand five hundred) only the cost of the mobile and Rs.5,000/- (five thousand only) as compensation and Rs. 1,000/- (Rupees One thousand only) towards litigation expenses to the complainant within 30 days on receipt of a copy of this order in default, the Opposite Party No-2 is liable to pay Rs.50/- per day of default till its realization. Copy of the order be communicate to the parties free of cost.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 26th October, 2015
