ORDER

09.05.2024

SH. RAJESH MEMBER

1. Present complaint has been filed by complainant seeking direction to OP to pay a sum of Rs. 5 Lakh against compensation for deficiency in service and mental agony and harassment.
2. It is stated in the complaint of complainant that on 31.03.2019 complainant purchased a Daikin Brand Air conditioner Model No. SAC ATKP60SRV16 from OP for a consideration of Rs. 53,000/-. Same was under three year’s extended warranty on payment of Rs. 7,800/- extra.
3. It is stated that after purchasing its working fine one year and proper given service by Daikin on time after one month 3 years extended warranty starting by OP side facing issue on date 19.05.2022. Despite calling customer care of OP no one appeared to address the grievance of complainant.
4. It is stated that complainant tried  his level best to contact OP and report his grievance but all the contact numbers of OP were either switched off or not reachable.  
5. Complainant has approached before this Commission by way of present complaint seeking direction to OP to pay a sum of Rs. 5 Lakh against compensation for deficiency in service and mental agony and harassment.
6. Notice was issued to OP. However due to inaccurate address the OP couldn’t be served. Complainant has failed to submit correct address of the OP despite several opportunities.  It appears that complainant is no longer in a position to submit and fresh and correct address of OP. Therefore service to OP can’t be effected.
7. We have heard the complainant and perused the record available with us.
8. Since complainant is no longer in a position to submit and fresh and correct address of OP Therefore service to OP can’t be effected. Present matter was listed on 20.02.2023, 20.07.2023, 13.10.2023, 02.02.2024, 12.04.2024, however, no appropriate alternative steps have been taken by complainant to serve OP.
9. In view of above discussions this Commission is of the considered view that since complainant is no longer in a position to submit and fresh and correct address of OP and take alternative steps for service to OP and service to OP can’t be effected hence the present complaint is dismissed for non prosecution as no purpose will be served by keeping the present complaint pending for years.
10. 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 open Commission  on 09.05.2024.

SANJAY KUMAR                 NIPUR  CHANDNA             RAJESH

PRESIDENT                            MEMBER                     MEMBER