1. Brief fact of the case of the complainant is that being received a phone call from the sales executive of the O.Ps regarding upgradation of his Axis Bank Neo Credit Card vide no. 5305620200197461 with an assurance to avail better offers in the new credit card i.e. Myzone wherein he was assured to avail 5% off in each purchase in Flipkart marketing platform. It is alleged that after receiving the new Myzone credit card vide no. 5305620503403525, he purchased one trimmer for Rs. 799/- on 04.08.2018, one HP cartridge for Rs. 1999/- on 12.08.2018, two power banks of Rs. 1798/- on 05.09.2018 and one mobile of Rs. 20,999/- from Flipkart and in total he paid Rs. 25,595/- but did not get offer of 5% from Flipkart as assured by the sales executive of OPs and on enquiry, he did not receive any satisfactory answer from the O.Ps nor from Flipkart.Thus alleging deficiency in service, he filed this case with a claim to reissue new credit card with the assured offers, Rs. 2560/- as costs of Flipkart shopping, Rs. 50/- towards phone calls, Rs. 50,000/- towards compensation for causing mental agony, Rs. 2000/- towards costs of litigation and Rs. 20,000/- towards unfair marketing policy.
    
2. That the O.P.No.1, though received the notice from this Fora, did not choose to appear in this.  Keeping in view of natural justice and being a local party to the case, he was provided with several opportunities to submit his views, but instead, the O.P.No.1 kept silent and did not choose to appear in this case, as such he was set exparte on 30.11.2018 vide our order no. 5 of the case record. 
    
3. That the O.P. No. 2 also did not choose to appear in this case, though the notice was sent to them through R.P. vide RL No. RO944125247IN dated 23.10.2018 was validly served upon them, hence keeping in view of natural justice, several opportunities were provided to them to submit their views, but since the O.P.No. 2 did not appear in this case, we lost every opportunities to hear from them.
    
4. Complainant filed certain documents in support of his allegations, which were remained unchallenged and unrebuttal from the side of both O.Ps.
    
5. As the O.Ps  are well aware of the case pending against them but did not choose to rebut the allegations and averments of the Complainant, we think they have nothing to say in this regard and also there is no need to elaborate the subject matter at this stage.  In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein it is held that “Unrebutted averments shall be deemed to be admitted.”  Hence this order.
   
                                                                                          ORDER
           The complainant petition is allowed in part.  The O.Ps being the same organization, is herewith directed to issue new credit card having the offers of 5% as assured by their sales executive and to pay Rs. 15,000/- towards compensation for causing mental agony and Rs. 1,000/- towards costs of litigation to the Complainant within 30 days from the date of receipt of this order, failing which, the compensation amount shall carry interest @ 10% p.a. from the date of first purchase by Complainant i.e. from 04.08.2018 to till payment.

                         Pronounced in the open Forum on this the 2^nd day of August, 2019.

                         Issue free copy to the parties concerned.