SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Unfair trade practice in respect of  non-repair and non-replacement of Air Conditioner are the allegations arrayed against the Opp.Parties.

2.                  Complaint,  in brief reveals that complainant had purchased one 1.5 Ton Split Air Conditioner from OP No.3 on the name of his minor son Sohan Behera by paying Rs.44,000/-(Rupees Forty four thousand)only bearing Invoice No.RIC-737. On purchase of A.C. complainant received the warranty booklet issued by Ops. AC was installed by the technical person of the Ops at the residence of the complainant at Cuttack. Due to personal difficulties complainant shifted to Kendrapara and the said A.C. was re-installed on March,2015 in his house by the authorized persons of the Ops. On dtd. 02.06.2015 the A.C. machine stopped working for which a complaint was lodged over telephone to the toll free number provided by the OP No.1 meant for complainant/grievances of the consumer. The complaint in the toll free number is registered as 15060405287, but till the Ops have not taken any step to redress the grievance of the complainant. It is further stated that complainant’s wife gave birth to a new born baby at Bhagawati Hospital,Kendrapara and the baby was born by a cesarean operation. Due to non-functiolning of A.C. the complainant and his wife alongwith family members are suffering a lot in the hit wave. Hence, the complaint before the Forum and submitted that with the prayer that an order may be passed for replacement of the  A.C.machine by a new one of the same model and same price and Rs.1,00,000/- may be awarded in favour of the complainant for harassment,mental agony and cost of litigation.

3.               Though notice was sent to the Ops, through Regd.Post,but Ops did not prefer to appear into the dispute, in result the Ops were set ex-parte by this Forum. In the present dispute the complaint petition is substantiated by filing the photo copies of Invoice No.RIC-737 photo copy of warranty book issued by the Ops. That apart complainant filed a photo copy of discharge certificate of Bhagawati Hospital,Kendrapara dtd.10.06.2015. The Retail Invoice issued by OP No.3 dealer reflects that complainant has purchased a 1.5 Ton split A.C. on dtd.24.05.2013 manufactured by Hitachi by paying Rs.44,000/- In addition to that complainant discloses the toll free no. and details of lodging of complaint on dtd.04.06.2015 regarding non-functioning of the A.C. can not be disbelieve. A question arises the present complaint regarding maintainability of the dispute as all the Ops are residing outside the territorial jurisdiction of this Forum. But the cause of action or part of the cause of action arose within the local limits of the Forum. The complainant in his petition states that complainant after shifting of his family from Cuttack to Kendrapara reinstalled the A.C. machine at his residence at Kendrapara and the non-functioning of A.C. occurred at Kendrapara and complaint was lodged from Kendrapara, so the  cause of action arose within the local limits of the Forum and the dispute is maintainable.

              So far the position of law is concerned in absence of the Ops  the complaint remains uncontrovoted and this Forum has to accept the version of the complainant. In this regard we rely on a decision of the Hon’ble State Commission,Odisha reported in 2003 CLT 96 Pg-15 where the Hon’ble State Commission opined that “Absence of written version Commission is bound to accept uncontrovoted statement made in the complaint”. The Hon’ble National Commission also opined that “ In case written version not filed after several opportunity. It has no defence on merit” 2013 CPR(i) 507(NC).

               The factual aspect and position of law discussed above, it is clear that Ops have adopted unfair trade practice by not repairing/replacing the A.C. as per the warranty, which definitely caused mental agony, harassment to the complainant-consumer.                    

                     Having observations reflected above it is directed that Ops will replace  a  defect free 1.5 ton split A.C. of the same model and same price to the complainant with extended warranty from the date of replacement. The replacement of said A.C. by Ops subject to production of the existing A.C. before the OP No.3 as per Retail Invoice No.737. Further, it is also directed that Ops will pay rs.1000/- as cost of litigation. The order is to be carried out with one month of receipt of this order,failing which lawful action can be initiated as per the provisions of the
C.P.Act,1986.

                             Complaint is allowed on ex-parte with cost.

                        Pronounced in the open Court, this the 3rd day of May,2016.