DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 210 of 25.6.2021

                                      Decided on:            24.1.2023

Dhiraj Khanna aged about 40 years, son of Jawahar Lal Khanna, resident of H.No.7, Corner View Colony, Dukhniwaran Sahib  Road, Near Walia Nursing Home, Patiala.

                                                                   …………...Complainant

                                      Versus

1. M/s Sadhu Singh & Co., shop No.2, Opp. O.B.C.Bank, Sirhind Road, Patiala.
2. M/s Nasib Chand & sons, Tej Bagh Colony, Near Punjab National Bank, Patiala
3. Karan Chandana , M.D.Fusion Industries Ltd., Plot No.1&4, Block H-2, Opposite FCI Godown, New Industrial Town, Faridabad.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Hon’ble Mr. S.K.Aggarwal, President

                                      Hon’ble Mr. G.S.Nagi,Member        

Present                           Sh.Dhiraj Khanna,complainant in person.

                                      Opposite party No.1 exparte.

 ORDER       

1. The instant complaint is filed by Dhiraj Khanna (hereinafter referred to as the complainant) against M/s Sadhu Singh & Co. and others (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. Brief facts of the complaint are that the complainant purchased a water tank make Fusion from OP No.1 on 7.9.2012 under warranty of 30 years. On 21.5.2021 the water tank cracked. Complainant made complaint in this regard to OP No.1 for the replacement of the water tank, the same was being under warranty but it refused to do so. The complainant also approached OPs No.2&3 but they also refused to replace the water tank. Consequently, prayer has been made for acceptance of the complaint.
3. Cognizance of the complaint was taken against OP No.1 only, who despite receipt of notice failed to appear and was accordingly proceeded against exparte.
4. In order to prove his complaint, complainant furnished his affidavit,Ex.CA, copy of bill dated 7.9.2012,Ex.C2 and closed the evidence.
5. We have heard the complainant and have also gone through the record of the case, carefully.
6. Admittedly, complainant had purchased water tank on 7.9.2012 for Rs.4500/-vide cash/credit memo, Ex.C1. The allegations of the complainant are that the water tank cracked within the warranty period of 30 years but he failed to prove this fact on the record. More so, he has not produced any expert evidence on the record in support of his case. He has placed photocopy of some water tank but he failed to connect the same with the purchased water tank.
7. No doubt the OP No.1 was proceeded against exparte but even then it was incumbent upon the complainant to prove his case by leading cogent and reliable evidence on the record but he has failed to do so. Consequently, finding no merit in the complaint, we dismiss the same. Parties are left to bear their own costs.       
8.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President