DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALWAL
Consumer Complaint No . 79 of 2014 Date of Institution: 19.06.2014
Date of Decision : 25.03.2015.
Amit Kumar son of Sh. Rajbir Singh, resident of H. No. 148, Ward No. 3, Mohan Nagar, Palwal, Tehsil & District Palwal.
.. Complainant Versus
1. Carrier Air Conditioner Limited Village Narsinghpur, Khedkidola Post Delhi-Jaipur Highway Gurgaon( Haryana ), Pincode 122001.
2. Friends Refrigeration & Air Conditioner( Customer Care Service Centre, Palwal) Near Aggarwal Nursing Home, Railway Road, near Minar Gate, Palwal.
3. Lalit Sales Corporation Railway Road, Near Minar Gate, Palwal. ..Respondents
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT
BEFORE: JAGBIR SINGH: PRESIDENT
KHUSHWINDER KAUR: MEMBER
R.S.DHARIWAL: MEMBER
PRESENT: Complainant in person.
Opposite parties no. 1 to 3 exparte.
ORDER:
Brief facts of the present case are that the complainant being a consumer of opposite parties lodged a complaint on 22.4.2014 with opposite parties about his Air Conditioner upon which opposite parties sent a technician on 24.4.2014 who told that the compressor of said Air Conditioner required replacement. Opposite parties had given guarantee of five years for the compressor. On 26.5.2011 the complainant had purchased a 1.5 Tonne Window Air Conditioner, Model No. Dura Cool, Serial No. 50019611711806305 from opposite party no.3 vide bill no. 1813 and Tin No.06411328193. The complainant made
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several calls regarding the said compressor as well as sent 2 or 3 E-Mails upon which the opposite party replied only once stating that his Customer Service Officer would visit him shortly to rectify the said problem but the problem was not rectified. The complainant lodged complaint with the Customer Service Officer but the problem was not rectified. The complainant prayed for directing opposite parties to replace the Air Conditioner with a new one and to pay an amount of Rs.1,50,000/- on account of mental agony, financial as well as time loss in addition to Rs.11,000/- on account of litigation expenses to the complainant.
Notice of this complaint was issued to opposite parties. Notice sent to opposite parties no. 1 and 3 received back with the report of “refusal”, as well as none appeared on their behalf, so opposite parties no. 1 and 3 were proceeded against exparte on 04.08.2014. Notice sent to opposite party no. 2 on 22.1.2015. for 26.2.2015 received back with the report of refusal as well as none appeared on behalf of opposite party no.2, so opposite party no. 2 was also proceeded against exparte vide order dated 26.2.2015.
In support of his claim the complainant placed on record his own supporting Affidavit Ex. CW1/A wherein he solemnly affirmed the same facts which he enumerated in his complaint and relied upon the following documents:-
Annexure C-1 Photocopy of purchased bill
The Forum heard the complainant, and at length and have gone through the case file carefully as well as written arguments.
It is evident from Annexure-C-1 that Sh. Rohtas had purchased the window Air Conditioner in question on 26.5.2011 from opposite party no. 3 and the complaint was lodged in this Forum by Sh. Amit Kumar on 19.6.2014. Though opposite parties have not come present to contest the claim of the complainant yet the complainant has
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not produced any document on the Forum’s record to bring him in the definition of “Consumer” as defined under Section 2(1)(d) of Consumer Protection Act, 1986 and “Complainant” as defined under Section 2(1)(b) of Consumer Protection Act, 1986. Hence the complaint is hereby dismissed. Copy of this order be given to the parties free of costs and file be consigned to the record room. This order of the Forum is running into 3 pages and each page of this order has been signed by this Forum.
Announced on:25.3.2015 (JAGBIR SINGH)
President
District Consumer Disputes
Redressal Forum, Palwal
(KHUSHWINDER KAUR)
Member District Consumer Disputes Redressal Forum, Palwal.
(R. S. DHARIWAL)
Member District Consumer Disputes Redressal Forum, Palwal.
