1. The complainant filed a petition praying to pass orders directing the O.Ps to refund the cost of the Mobile to the complainant and to pay Rs. 25,000/- towards compensation and Rs 5, 000/- towards cost of litigation.
2. The complainant in the petition submitted that he purchased a Samsung Mobile phone bearing Model No. M Galaxy S Duos GT 57562 IMEI No. 257730/05/581437/1*and No. 357731/05/581437/9* and paid Rs.10,100/- (Rupees Ten thousand One hundred) only towards the cost of the said mobile handset and accordingly the OP No.1 granted a printed Money receipt vide Invoice No. 416 No. dated 27.09.2013 along with warranty certificate in favour of the complainant. After three months after its purchase, the complainant found defect and brought to the knowledge of O.P.No.1 towards the rectification of defects and handed over the Mobile to the OP No-1 but after 22 days of its deposit the OP-1 retuned the said Mobile to the complainant after claiming rectification of defects. Thereafter, when the complainant used the Mobile for a day only from the next day again the mobile hand set showed defects for which the complainant contacted the OP No-1 who 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.
On Notice the OP-1 appeared through his Counsel and filed written version. Despite notice the OP No-2 neither appeared nor filed his written version. Hence, OP-2 set ex-parte.
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 refund Rs.10,100/- (Rupees Ten thousand One 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 June, 2015
