PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)              The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he had purchased new split Air Condition from opponent no.1 manufactured by opponent  no.2 for Rs.28,900/- on 03/05/2015. There was delay in installing the Air Condition by the opponents.  After persuasion the opponents installed the Air Condition on 10/05/2015.  The Air Condition was not functioning properly.  The complainant requested for several times but the opponents did not  bother to repair the defects. There was manufacturing defect in the Air Condition. Therefore it was not properly working.  As the opponents failed to repair/replace Air Condition within warranty period, the complainant has filed this complaint to direct the opponents to replace or refund the purchase amount Rs.28,900/- with interest and cost.

2)       Both the opponents remained absent though duly served. Therefore matter is proceed  exparte.

3)       The complainant has produced copies of documents including payment receipts. It shows that, the complainant purchased Air Condition from opponent no.1 manufactured by opponent no.2.  The correspondence shows that, there was defect in Air Condition since the beginning.  The complainant has filed affidavit in support of his claim.  The evidence produced by the complainant is not challenged by the opponents.  The evidence on record is sufficient to show the manufacturing defect in Air Condition and deficiency in service on the part of opponents.  Therefore, the complainant is entitled for refund of purchase amount of Rs.28,900/- with interest.  He is also entitled for compensation towards mental agony and harassment.  We think compensation of Rs.5,000/- will suffice the purpose.  Besides this the complainant is entitled for litigation cost Rs.5,000/-.  Hence, we proceed to pass the following order.

ORDER

1.  Complaint is allowed.

2.  The opponents are directed to pay Rs.28,900/-.  (Rupees Twenty eight thousand Nine hundred only) to the complainant with interest at the rate of 9% per annum from the date of filling of the complaint i.e. 26^th April, 2016 till its realization.

3. The opponents are further directed to pay Rs.5000/- (Rs.Five thousand only) to the complainant as compensation. 

4.  The opponents are also directed to pay Rs.5,000/- (Rs.Five thousand only)  to the complainant as cost of litigation. 

5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced on 1^st  July, 2016