The complainant filed a petition praying to pass orders directing the O.Ps to refund the Rs. 3,300/- and to pay Rs. 20,000/- towards compensation and Rs. 5,000/- towards cost of litigation expenses.
The complainant in the petition submitted that watching the TV said he booked order for one bottle hair solution of 120ml. Accordingly OP No-1 supplied the above said medicine at the residence of the Complainant on payment of Rs. 3,300/-. As per the advertisement after use of 15 days the complainant could get the result but when after use for two months, the complainant could not get any result. Due to unfair trade practice/deficiency in service by the Opposite Parties the complainant suffered mentally, physically and financially.
Notice served to the Op No-1&2 through Registered post did not received back as un-served and, therefore, delivery presumed. Notice sent to the OP No-3 is retuned back with postal remark as “Left” thereafter the name of the OP No-3 was deleted from the array of the Ops. Despite notice, the Opposite Party No-1&2 neither appeared nor filed their version as such they were proceeded ex-parte for non appearance.
We are fortified by a decision of the Hon’ble High Court of Jammu & Kashmir in the matter of Fiat India Pvt. Ltd. Versus Dr. Zahid Hussain Gillari and others reported in 2003 CTJ 953 (CP) wherein the Hon’ble High Court held that “it is well settled that where the averments made in the complaint are un-rebutted, the presumption is that the averments are true and correct”.
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”.
Taking consideration the undisputed documentary evidence and pleadings, we are inclined to pass order in favour of the complainant, directing the OP No. 1 and 2 to refund Rs. 3,300/- the cost of the medicine and pay RS. 1,000/- as compensation and Rs. 1,000/- as cost of the litigation to the complainant within 30 days on receipt of copy of this order in default, the Opposite Parties are liable to pay Rs. 50/- per day of default payable in to the account of state Comsumer welfare fund. The Opposite party No.1&2 are liberty to recover the awarded amount from the OP No-3 in due process of law.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 31st August, 2015.
