ORDER
Per V. K. DABAS, MEMBER

   In brief ,the case of the complainant is this that he had purchased
a Voltas Split A/c of 1.5 Ton Capacity, Modal V  for a sum of Rs.
23,500/- vide invoice number 18530 book no. 172 and cash receipt no.
42085 on 24.6.2010 from OP1 (M/s Hindustran Refrigeration Store)
manufactured by OP2 ( M/s Voltas Private Ltd). It is alleged by the
complainant that since its purchase , the A. C. was  not cooling
properly, initially due to leakage of gas etc and later due to defect
in the compressor.   It is further alleged by the complainant that he
had approached OP3 , the authorized service station of OP2 several
times for removal of the defects in the A/c  within the warranty
period but neither the defects were removed nor the A/c was replaced .
Hence, the complaint.
Op1 and OP2 have contested the complaint and have filed their written
statement. In the written statement filed by OP1 , it has denied any
deficiency in service or any unfair trade practices on its part and
has submitted that the complaint is liable to be dismissed qua OP1.
OP1 has claimed that it is only a dealer and the service provider is
the manufacuter i.e. M/s Voltas Ltd (OP2) and the authorized service
center of OP2 i.e. M/s Adnan refrigerations (OP3).
OP2 has also filed its Written statement and had denied all the
averments made by the complainant.  It has  stated that all the
complaints made by the complainant were attended to by the service
engineer of the OP and the problems were rectified.  It is also
submitted by  OP2 that it had provided free services regarding
compressor of the A/c in question and the same was replaced vide
service report dated 3.5.2012.  It is further submitted  by OP2 that
the A/c is working perfectly fine after replacement of the compressor.
In the evidence, the complainant and the Ops had reiterated the
contents of the complaint.
We have heard arguments advanced at the bar and have perused the record.
It is undisputed that the said A/c was purchased by the complainant on
24.5.12010 from OP1 manufactured by OP2  and also thesaid A/c was in
ambit of warranty for one year and the compressor of the A/c in
question for five years from the date of purchase.
The sole question  before us is  as to whether the complaints in
respect of the A/c were attended to by OP and whether the defects were
rectified or not? On perusal of the record    it is clear from the
service report number 2744 dated 3.5.2012 that the compressor of the
A/c in question was replaced by the service engineer of the OP with a
new compressor. Further the service engineer in his service report
number  4834 dated 11.7.2012 has  reported , machine Working OK. On
the other hand, the omplainant has failed to lead any evidence to the
effect that the mahine is not woring OK except his bald statement .
Igt was expected of the complainant to have file an expert report
under section 33 of the consumer Protection Act so as to prove that
the machine still had some faults and its coompresor had not working
well despite the fact that it had replaced in the year 2012.   Since,
the OP has asserted that it had attended to all the complaints, in
respect of the machine and had rectified all the derfects  and further
that the machine was functioning properly and also that it had
replaced the compressor in the year 2012 , we are  of the considered
opinion that there is no deficiency on the part of the OP.  The OP had
fulfilled its obligation under the warranty clause.  The complainant
on the other hand has not filed any expert opinion regarding any
further defect in the machine.  We, therefore, see no merits in this
complaint which is hereby dismissed.
Copy of the order be made available to the parties as per rule.
    File be consigned to record room.
Announced in open sitting of the Forum on.....................