Delay of 70 days in filing the revision petition is condoned. Petitioner filed a claim claiming Rs.2,44,500/- being the total cost of the AC units along with interest @ 18% and compensation of Rs.1 Lac. District Forum allowed the complaint and gave the following directions: -2- “To rectify the defects in the AC units within two months from the date of receipt of the order or to replace the air conditioners in dispute with new defect free air conditioners of the same make on the condition that the complainants shall return the air conditioners in dispute with them within two months from the date of receipt of the order or in case the said air conditioners have been rectified already by the complainants on their cost then the opposite party shall pay a compensation of Rs.1,00,000/- with future interest @ 9% from the date of receipt of the order. The opposite party shall also pay Rs.25,000/- as compensation and Rs.4,000/- as costs of the proceedings to complainants. Dissatisfied with the order passed by the District Forum, petitioner filed the appeal before the State Commission seeking enhancement of compensation. The State Commission dismissed the appeal by observing that the petitioner did not produce any evidence to show that the price of the AC was Rs.2,54,500/-. The State Commission refused to enhance the compensation by observing thus: “At the time of hearing, the counsel for the appellants submitted that the appellants have enchased the bank guarantee of Rs.25,000/- furnished by the -3- opposite party. The Forum has allowed the complaint but did not direct to the opposite party to pay the entire claim amount i.e. Rs.2,54,500/- as the appellants had not furnished any documents to prove the price of the AC units. It is contended by the counsel for the appellant that the opposite party has not disputed the cost of the AC units as claimed in the complaint. We find that the version filed the opposite party has disputed the case of the complainants as such and claimed that he is entitled for a further sum of Rs.57,909/-. He has also got a case that the submitted a bank guarantee for Rs.29,000/- as noted by the forum below. The complainants have not produced the records with respect to the tender invited or the agreement entered into with the opposite party. They have also not produced the split up details with respect to the cost of the AC units or as to the cost of the other works. It is also to be noted that the commissioner has not estimated the amount that would be required to rectify the defects of the system. The commissioner has also not reported that the defects are of a nature that could not be rectified. Evidently, there is no evidence as to the cost of the AC units.” We agree with the view taken by the State Commission. In the absence of any definite evidence to show the price of the AC, -4- petitioner was not entitled to any enhancement of compensation. Dismissed. | 
