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. 35,000/- 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. S 7562 IMEI No. 358302054854204 and paid Rs.9,900/- (Rupees Nine thousand nine hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide Invoice No. 8084 No. dated 28.10.2013 along with warranty certificate in favour of the complainant. Seven months after its purchase, the complainant found defect and brought to the knowledge of O.P.No.1 towards the rectification of but the Op-1 failed to rectify the defects. Finally the OP No-1 disclosed that the mobile set suffers from inherent manufacturing defects and the same could not be rectified on further repair. Due to unfair trade practice/deficiency in service by the Opposite Parties the complaint suffered mentally, physically and financially.
Notice sent to the OP No-1 retuned back as un-served. Despite notice the OP No-2 neither appeared nor filed his written version.
In course of ex-parte hearing, we heard the complainant and gone through the record 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 Rs.9,900/- (Rupees Nine thousand nine hundred ) 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 30th December,2014.
