BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 136 of 2013
Date of Institution : 6.8.2013
Date of Decision : 29.7.2016
Dalip Singh, aged 40 years son of Sh.Ram Kishan, r/o village Nezia, tehsil and district Sirsa.
……Complainant.
Versus.
- Dhan Luxmi Electronics, NH-2, Ding Road, Sirsa, tehsil and distt.Sirsa.
- Llody Electronics Company through its Prop./Managing Director/Partner, Noida.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA……………………..PRESIDENT
SH.RANBIR SINGH PANGHAL……. MEMBER.
Present: Sh.Rakesh.Pareek, Advocate for the complainant.
None for the Opposite parties.
ORDER
Brief facts of the complaint are that the complainant purchased one A.C. from op no.1 against payment of Rs.16,500/- vide bill no.1162 dt. 10.6.2012. Op no.2 is manufacturing company of the A.C. As alleged, AC stopped its working. On complaint, a mechanic of the Ops removed the problem, but after some time, A.C. again started giving problem. Thereafter, complainant visited to the Ops so many times and even lodged his complaint through SMS and mobile of the Area Manager of the Op-company, but all in vain. Hence, this complaint.
2. On notice, op no.1 appeared and filed its written version. But, later on proceeded against exparte vide order dt. 19.5.2016. Complaint against Op no.2 was dismissed vide order dt. 26.3.2015 as complainant failed to furnish the proper address of op no.2 despite several opportunities.
3. By way of evidence, complainant produced his affidavit Ex.C1, copy of bill Ex.C2.
4. We have have heard learned counsel for the complainant and gone through the record of the case carefully and
5. As per the version of the op no.1, complainant never approached to him with any such complaint, as alleged by him by way of this complaint. Except the affidavit of the complainant, there is no document on the file to prove the allegations of the complainant that AC has any defect as alleged by him. There is no expert opinion in this regard on the record, which is mandatory requirement as provided under Section 13 of the Consumer Protection Act. As such, we are of the considered view that complainant failed to establish the allegations of the complainant regarding defects in the AC. In our view, his complaint is liable to be dismissed. We order accordingly. Parties are left to bear their own cost. Copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated: District Consumer Disputes
Redressal Forum, Sirsa.
Member.
