2. After registration of complaint, notices were issued to the opposite parties. Notice sent to opposite party no.2 received back served and notice sent to opposite party No.1 through registered post not received back either served or unserved and opposite parties No.1 and 2 failed to appear before the Forum. As such, opposite parties No.1 and 2 vide order dated 10.12.2019 of this Forum were proceeded against exparte.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and has closed his evidence on dated 6.2.2020.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties, it is observed that as per document Ex.C2, clause 5 & 6, it is submitted that this warranty does not include plastic parts, Gas Charging and transportation cost after 1 year from the date of customer invoice. Service charges are applicable after 1 year warranty period. As per emails Ex.C3 & Ex.C4 dated 20.04.2018 & 21.04.2018 respectively, it is submitted by the complainant that he had some other issues generated now and remote is also not working properly. But in these emails, some other issues/faults are not described. The alleged mails were replied by the customer care vide their email Ex.C5 dated 23.04.2018 and they asked the complainant to provide the registered contact number and complaint number but the complainant failed to provide the same to the respondent no.1 as no such evidence has been placed on record in this regard. The complainant had purchased the A.C. in question on 23.04.2017 and he approached the opposite party first time on 20.04.2018. Thereafter the respondent vide its email dated 23.04.2018 demanded some information from the complainant regarding registered contact number and complaint number. The same has not been provided by the complainant to the respondent. This fact itself has been proved from the emails of the complainant dated 24.04.2018 & 30.07.2018 placed on record as Ex.C6 & Ex.C7. Thereafter, he contacted the opposite party after a gap of more than one year i.e. on 27.08.2019 as is proved from the email Ex.C8. We have also perused the first mail dated 20.04.2018 placed on record as Ex.C3. The contents of the mail are as under: “I faced many issues in its very beginning of its purchase and went to the shop and they sent the mechanic. Thereafter I again faced issued like cooling, air flow fluctuations etc. and I called at your toll free no. but they cleaned the grids/net only. Now some other issues generated and remote is also not working properly”. Perusal of this mail shows that initially some complications/faults had been resolved by the respondent company but as per this email, the complainant himself has not disclosed any issue which had been generated at that time.
6. In view of the facts and circumstances of the case, it is observed that complainant has failed to prove deficiency in service on the part of opposite parties. As such, present complaint stands dismissed with no order as to costs.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
02.07.2020.
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
