ORDER

                                         23.10.2024

SH. RAJESH, MEMBER

1. Present complainant has been filed by complainant alleging deficiency in services against OP and seeking a direction to OPs to refund the price of AC purchased by complainant from OPs amounting to Rs. 31,000/- with interest, cost and compensation.
2. It is stated that the Opposite Party No. 1 is a manufacturer of air conditioners and the opposite party NO. 2 is a retailer / seller of the products of opposite party No. 1.
3. It is stated that complainant purchased one split AC of 1.50 Tone platinum from OP No. 2 produced by OP No.1 with five years warranty as per the warranty card given by the OP for a sum of Rs. 31,000/-.   
4. It is stated that at the time of installation of the AC the company service engineer has filled the gas in the compressor of AC and installed it. After installations of the AC it worked hardly for next six months and after it started giving trouble as the AC started making loud noise and starting malfunctioning.
5. It is stated that after the complainant made the complaints with the OP then the engineer of the OP visited the premises of the complainant and after checking the AC he informed that the compressor was leaking during that period and tried to rectify the defects of the AC on 21.07.2015
6. it is stated that in the month of April 2015 the complainant requested to the OP to replace the faulty AC with new one Ac as the Ac was still in warranty period but the OP neither replied the said requests nor replaced the defective Ac with new one.
7. It is stated that it was clear that OP has sold the defective Ac to the complainant and said AC started malfunctioning after few days of its purchase.
8. Complainant has approached before us for the redressal of her grievances by way of present complaint.
9. Notice was issued to OPs. OP1 appeared and filed detailed written statement denying the allegations made. OP2 neither appeared nor filed Written Statement. 
10. It is stated by OP1 that the unit in question is working properly per contra the OP is ready to inspect the unit in question installed at the premises of the complainant and if any problem is found in the unit will lift the same for repairs on chargeable basis as the unit in question is out of warranty period.
11. It is stated by OP1 that the product purchased by complainant is of one year manufacturing warranty from the date of purchase and not of five years warranty and warranty of one year has been expired in April 2013 hence the complaint of the complainant be dismissed with heavy cost.
12. It is denied by OP1 that at the time of installation of the AC the comp0any service engineer has filled has in the compressor and installed it. It is denied that after installation of the AC it worked hardly for six months and after it starts giving troubles and Ac started making noises and started malfunctioning. It is stated that the product in question is of impeccable and excellent quality and working properly.
13. It is denied by OP1 that the complainant made complaints with OP the engineer of the OP visited the premises of the complainant and after checking the AC he informed that the compressor has been leaking during that period and tried to rectify the faults of the AC on 21.07.2015. It is denied that the service engineer of the OP again filled the gas in the compressor for using the Ac but it again started giving the same problem and it was not working at all.
14. It is stated by OP1 that upon a complaint dated 31.07.2014 the service engineer of the OP made a visit at the premises of the complainant on 01.08.2014 and upon inspection found has leakage. Thereafter the gas charging was done upon payment of visiting charges and gas charges of Rs. 2,200/- as the unit in question is out of warranty. It is stated that unit in question is working properly and neither any complaint after 01.08.2014 has been made nor any reports have been put on record by the complainant.      
15. We have perused the contentions raised in the complaint and record of the case.
16. There is specific allegation in the present complaint levied again OPs by the complainant that OPs failed to replace the defective AC of the complainant.
17. The complainant has though pleaded that the product in question is under five years warranty but no warranty card showing warranty of five years has been filed by complainant. Also there is no document that on the record suggesting that complainant got repaired the product in question at least once under warranty.
18. The only allegation of the complainant is that product in question has manufacturing defect and thus complainant has claimed refund of the price of the product in question. It appears that complainant is not inclined to get refund only in respect of product purchased by him. 
19. Now applying the above discussions and observations this Commission is of the considered view that complainant has failed to prove that product in question is under five years warranty and there is any manufacturing defect in the product in question or there is any deficiency in service on the part of the OPs. Therefore present complaint is dismissed. 

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. 

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in the open Commission on 23.10.2024.

SANJAY KUMAR                    NIPUR CHANDNA                  RAJESH

  PRESIDENT                             MEMBER                             MEMBER