The complainant filed a petition praying to pass orders directing the O.Ps either to replace the handset with fresh warranty award Rs. 25,000/- towards the compensation for harassment and Rs. 5,000/- towards cost of litigation.
The complainant in the petition submitted that he purchased a Geonee Mobile handset from the shop of above OP No-1 bearing Model No- GIONEE V-5 IMEI No. 864495020148687 and paid Rs. 11,,900.00 (Rupees eleven thousand nine hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt bearing No. 1128 dated 29.06.2014 along with warranty certificate in favour of the complainant. Just after two months of its purchase, the key bottom (touch pad) became inoperative, the complainant handed over to the OP No-1 who returned the same after 7 days by saying that the hand set is suffers from inherent manufacturing defects which can not be rectified. 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. 3 to refund Rs. 11,900.00 (Rupees eleven thousand nine hundred) 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-3 is 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 30th July, 2015.
