1. The complainant filed a petition praying to pass orders directing the O.Ps to refund the cost of the Mobile handset and to pay Rs. 20,000/- towards compensation and Rs. 2,000/- towards cost of litigation.
2. The complainant in the petition submitted that he purchased a Samsung Mobile handset from the OP No-1 bearing Model- Samsung Galaxy –E-7 IMEI No. *358185/06/443408/4* and No. *358186/06/443408/4* and paid Rs. 19,400/- (Rupees Nineteen thousand Four hundred) only towards the cost of the said mobile handset and About 45 days of is purchase, the complainant found defect and brought to the knowledge of OP No.1 towards the rectification of defects and handed over the Mobile to the OP No-1 who kept the same for 30 days for its repair thereafter he refund to repair. Finding no other alternative the complainant approached before the forum for redressal of his grievances.
Despite due notice, the Opposite Parties did not choose to contest the case by filing their written version.
In course of ex-parte 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. 19,400/- (Rupees Nineteen thousand Four hundred only) the cost of the mobile and pay 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 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 11th December, 2015.
