Complainant Harkirat Singh has filed the present complaint U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short the Act) for issuance of the necessary directions to the opposite parties to replace his defective Air Conditioner with new one A.C. or to take back the defected A.C. and to refund full price of the same alongwith interest @ 12% P.A. from the date of purchase till actual realization. Opposite parties be further directed to pay Rs.50,000/- as compensation on account of mental agony, physical harassment  alongwith Rs.5,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that as per advice of the opposite party no.1 he had purchased one AC 1.5 Ton Voltas A.C. for Rs.38,000/- and its guarantee  was for two years and warranty for 5 years.  The AC supplied by opposite party is a defective one on account of manufacturing defects and the same is giving trouble from the day one of its installation. Cooling of the AC is not proper and even there are number of other defects in the same. He lodged complaints time and again with the opposite parties and on number of times the mechanics of the opposite parties visited  his house and tried their level best to remove the defects, but of no use. Even the mechanics of the opposite party orally told that the A.C is not repairable due to manufacturing defects, but they did not give anything in writing.   He had regularly approached the opposite parties and requested to do the needful and make the AC fit for use, but all in vain. Hence, this complaint.

 3.         Opposite party no.2 appeared through its counsel and filed its written reply by taking the preliminary objections that the present complaint is not maintainable. The product of the complainant is out of warranty period as such the complaint of complainant is not maintainable at all and the present complaint is malafide as there is no fault in the AC, the only fault is with stabilizer which the complainant has installed. The service provider/technician of company who examined the AC has fully mentioned that there is defect in the stabilizer of the complainant. On merits, it was submitted that complainant had purchased the AC vide bill/cash memo dated 12.8.2016 and as per the policy of the company there is overall warranty of one year on the product and there is five year warranty on the compressor. The complainant has made several complaints/queries during the first year of warranty which were duly satisfied by the technicians of opposite party no.2. It was next submitted that the AC supplied to the complainant is perfectly in good condition and there is no defect of any kind in the product. In the first year of warranty the free service was provided to the complainant and after one year in the year of 2018.  At present the A.C. is working properly and as such complaint is not maintainable. The A.C. of the complainant is perfectly O.K. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint with costs.

4.          Notice issued to the opposite party no.1 had been received back with the report of ‘Refusal’ Refused report of service conveys that opposite party no.1 had been served but it was intentionally evading the service of the notice. Case called several times, but none had come present on its behalf, therefore, opposite party no.1 was proceeded against exparte vide order dated 15.10.2018.

5.       Alongwith the complaint, complainant has filed his own affidavit along with the other documents exhibited as Ex. C1 to Ex.C3.

6.     Ld.counsel for the opposite party no.2 tendered into evidence copy of warranty certificate Ex.OP-2/1 and closed the evidence.

7.     Written arguments filed on behalf of opposite party no.2.

8.      We have carefully gone through the pleadings of counsels for the parties; written arguments filed by opposite party no.2 as well as arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

9.     Ex.C-1 is the photocopy of the invoice, whereby the complainant purchased one Voltas A.C. 5 star, 1.5 ton for a sum of Rs.38,000/- on 12.8.2016 from opposite party no.1. Ex.C-2 is the copy of the confirmation of the complaint through mail dated 14.7.2018. Ex.C-3 is again reply to the mail i.e. Ex.C-2, that the complaint lodged by the complainant has been resolved.      Whereas opposite party no.2 has placed on record Ex.OP-2 vide which the said A.C. was within one year warranty period i.e. the warranty certificate.

10.     The case of the complainant is that he purchased one A.C. from opposite party no.1 on 12.8.2016. It is averred that right from the day of its installation, the A.C. was giving cooling problem. The mechanic of the opposite party tried its level best but could not rectify the problem. Whereas opposite party has written in its written statement that the said A.C. was within one year warranty period and the complainant made several complaints during the first year of warranty which were duly satisfied. Even as per Ex.C-3, the complaint lodged by the complainant was duly resolved. After that no complaint was ever lodged by the complainant.

11.     In the present case, though the complainant has alleged that there was problem in the A.C. but he has failed to produce any documentary evidence on record to prove that there was any problem in the said A.C. In the absence of any documentary evidence on record it cannot be presumed that there was any defect in the product. The said A.C. was within a warranty period of one year and during the warranty period all the complaints lodged by the complainant were duly resolved. Hence, no deficiency in service can be attributed on the part of the opposite parties.

12.      In view of the aforesaid discussion, it is observed that the complaint of the complainant is without any merit and the same is liable to be dismissed and is dismissed accordingly with no order as to costs.

13.     Copy of the order be communicated to the parties free of charges.  File be consigned.                                                                                                                                                

                    (Neelam Gupta)

                                                                                     President   

Announced:                                                   (Bhagwan Singh Matharu)

2nd September, 2021                                                     Member

*MK*