MS. NIPUR CHANDNA (MEMBER)

ORDER

04.06.2024

1. The complainant has filed the present complaint alleging the deficiency in service on the part of OP. The brief facts of the complaint are that after completion of the warranty of the Refrigerator in question, complainant availed the services of OP and paid a sum of Rs. 8,850/- to OP on 09.02.2024 to remove the defect and repair the refrigerator in question.

2. It is alleged by the complainant that the engineers of the OP visited the premises and carried out the necessary repairing work on 09.02.2024. However, despite availing the services of the OP the refrigerator did not function properly, nor the cooling was proper and as such on various occasions complainant approached OP and requested to provide the requisite service of repairing as OP has charged substantive amount of Rs. 8850/- to repair the refrigerator in question. It is alleged by the complainant that he also sent legal notice through his lawyer thereby calling upon the OP either to carry out the repairing work or to refund the amount received. OP neither replied to the legal notice nor had complied the same. Being aggrieved by the conduct of the OP complainant approached this Commission for redressal of his grievance.

3. The present complaint case is on admission stage. We have heard the arguments advance at the bar by Ld. Counsel for complainant Sh. Moti Prasad  and have perused the record.

4. Complainant had placed on record the copy of invoice dated 09.02.2024 vide which the complainant had paid a sum of Rs. 8,500/- for main PCB cardboard repair and 350/- on account of visiting and service charges to OP. The invoice nowhere mention that there is a warranty against the repairing done by the OP. The complainant has also failed to place on record any documentary evidence which shows that he approached OP and initiate the complaint against non functioning of the refrigerator with OP.

5. In view of the above discussion, we are of the considered opinion that no cause of action accrued in favor of the complainant and against the OP for admitting the present complaint. Due to lack of documentary evidence prima facie no case of deficiency as alleged can be made out against OP. We are therefore of the considered opinion that the present complaint is not a fit case for admission, hence, dismissed.

File be consigned to record room.

6. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   04.06.2024.

Sanjay Kumar             Nipur Chandna                     Rajesh

               President                            Member                         Member