1. Brief fact of the case of complainant is that on 25.04.2019 he purchased one LG 1.5 ton Star Spilt Dual inverter AC from O.P. bearing order no. OD115298759816733000 with consideration of Rs. 41,999/- alongwith 5 years warranty certificate which was installed in the first week of May, 2019 and after some day of its use, the said AC supplied the cooling only on the temperature of 38 degree C. but on high temperature the AC does not provide proper cooling and body part of it became very heat, thus he made complaint to the O.P. through the Govt. Grievance Cell, being registered as no. 1391222 dated 18.06.2019 and the technicians of O.P. though came to his house, but could not properly repaired.It is also alleged that after using the same for about one year with much difficulties the said AC reiterated its defects for which he again lodged complaint on 08.07.2019 though the grievance cell, but the engineer suggested that the product is having inherent defects.Thus showing the deficiency in service of the O.P. he filed this case with a prayer to direct the O.P. to refund the cost of alleged AC and Rs. 50,000/- and Rs. 10,000/- towards compensation and cost of litigation expenses to him.

2. The O.P. though received the notice which was sent through R.P. vide RL No. RO025012795IN dated 06.07.2021 from the Commission, did not choose to appear in this case and nor filed their counter versions nor participated in the hearing also, inspite of repeated adjournments given to them for their submissions keeping in view of natural justice, as such we lost every opportunities to hear from them and as such the allegations of complainant remained unchallenged and became unrebuttal .

3. Complainant filed certain documents in support of his allegations i.e. invoice bill issued by O.P., warranty certificate, complaint lodged through Grievance Cell.   Heard from the complainant at length.  Perused the case records and material documents available in the record.

4. It is an evidentiary fact that the O.P. has sold the alleged AC to the complainant bearing order no. OD115298759816733000 with consideration of Rs. 41,999/- alongwith 5 years warranty certificate.  The allegations of complainant is that after some day of its use, the said AC supplied the cooling only on the temperature of 38 degree C. but on high temperature the AC does not provide proper cooling and body part of it became very heat, thus he made complaint to the O.P. through the Govt. Grievance Cell, being registered as no. 1391222 dated 18.06.2019 and the technicians of O.P. though came to his house, but could not properly repaired.  It is also alleged that after using the same for about one year with much difficulties the said AC reiterated its defects for which he again lodged complaint on 08.07.2019 though the grievance cell, but the engineer suggested that the product is having inherent defects.Though the O.P. received the notice of the Commission, but did not choose to appear in this case, as such the averments made by the complainant regarding manufacturing defect, became unrebuttal from the side of the O.P.Since no contradiction made out by the O.Ps, we have no hesitation to disbelieve the version of complainant.In this connection, we have fortified with the Judgement of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another, wherein it is held that that “Unrebutted averments shall be deemed to be admitted.”

5. Further, it is observed that the defects were occurred during the warranty period though the AC was used only for some day, which was repaired by the technician of O.P., but the same defects were persisted even after of its repair was made by O.P., as such the complainant prayed for the cost of the AC from the O.P.  We feel, the technician of O.P. has not repaired the alleged AC properly, for which the alleged AC reiterated its previous defects and in our view, such type of practice adopted by the O.P. is clearly established the principle of deficiency in service. 

6. We feel, had the technician of O.P. rectified the alleged defects occurred in the AC with proper procedure, then the defects of the AC. could have easily and properly rectified, so that the complainant would not have suffered.  Further, being the manufacturer, it was the duty of O.P. to check out the day to day activities of their authorized dealer and service center as they have set up such platform only to provide better service to their genuine customers. By not taking proper steps for providing better service, the O.P. have established their inefficiency in providing service.  Further it is seen that in the present locality, though there is no authorized service center is set up, as such the customers who purchase the products of the O.P., they must have depended on the concerned retailer to avail proper service, but without providing better service as per the norms, the O.P. kept silent, which is not permissible. 
    
7. Hence considering the above discussions, we feel, the complainant deserves to be compensated with adequate compensation and costs for non providing better service by the O.Ps to their valuable customer like the complainant, as the complainant must have suffered some mental agony and physical harassment, for which he was compelled to file this case incurring some expenses.  Considering his sufferings, we feel a sum of Rs. 15,000/- towards compensation and Rs. 3,000/- towards cost of litigation will meet the end of justice.  Hence this order.

                                                                                                                                    ORDER

          The complaint petition is allowed in part and the O.P. being the manufacture of the alleged product is herewith directed to refund the cost of the AC i.e. Rs. 41,999/- to the complainant alogwith Rs. 15,000/- towards mental agony, physical harassment and Rs. 3,000/- towards costs of litigation within 30 days from the date of receipt of this order, failing with cost of product shall carry interest @ 9% p.a. from the date of purchase i.e. 25.04.2019 till payment.  Further complainant is herewith directed to handover the alleged AC to the O.P. at the time of complying the order by them.

          Pronounced in the open Court on this the 29^th day of August, 2022.  Issue free copy to the parties concerned.