IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                       Date of Decision:   08.07.2014

First Appeal No. - 461/2014

(Arising from the order dated 23.03.2014 passed by District Forum-VI in Complaint Case No. 919/2012)

1. We have heard Shri Rakesh Pathak, Appellant who is incidentally an Advocate.
2. In brief, the Appellant / Complainant had purchased one Split Window Air Conditioner of 1.5 ton capacity having 5 years compressor warranty from the OP / Respondent.  Appellant filed a complaint alleging defect in the Compressor of the Petitioner.  Ld. District Forum directed the OP to replace the Compressor with the new one and also pay compensation to the tune of Rs.5,000/-.  Contention in the present appeal raised by the Appellant is that the Appellant himself got the Compressor replaced during the period when the matter was reserved for orders (by the District Forum).  Appellant contends that he wanted only the relief in terms of money and not the replacement of the Compressor.  Be that it as may, it was for the court to see as to in what way the equity could be done.  For this reason, we are of the considered opinion that the appeal is not maintainable.  The same is dismissed in limine.
3.  FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
4. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.