Presented by Sri G.S.Pradhan, President. <br /> The case pertains to deficiency in service as envisaged under the provision of C.P.Act and its brief fact is as follows:-<br /> <br /> The Complainant has purchased one Samsung Air conditioner of Model No. AST jwda/AWT 18YZWDA for a sum of Rs.23,500/-(Rupees twenty three thousand five hundred)only on Dt.30/05/2006 from Opposite Party No.3(three), the authorized dealer vide Retail Invoice No. 753. Problem in the Air Conditioner started soon after its installation and the same was repaired by the Opposite Party No. 2(two) and No.3(three) three to four times with in two years. The Complainant contend that the Air Conditioner again started problem in the year-2008 for which the service center was requested to repair or to exchange with a new Air Conditioner. As per the advise of the Opposite Party No.2(two) the Complainant has requested the Opposite Party No.1(one) through a letter which was received on Dt. 08/06/2008 by one Sandeep Mohan an employee of Opposite Party No.1(one). But the Opposite Parties were silent in the matter and did not repair or exchange the Air Conditioner with a new one.<br /> <br /> Again the Complainant had sent registered letter with acknowledge due to all the Opposite Parties requesting them to take necessary action regarding repairing or replacement of the Air Conditioner but the Opposite Parties did not answer the letter of the Complainant.<br /> <br /> Alleging deficiency in service by the Opposite Parties the Complainant filed the case and claims for refund of price of the Air Conditioner i.e. Rs. 23,500/-(Rupees twenty three thousand five hundred)only and Rs. 30,000/-(Rupees thirty thousand)only compensation for mental agony.<br /> <br /> Notice was sufficiently served on the Opposite Parties but they did not appeared before the Forum to contest the case and hence set ex-parte.<br /> <br /> Perused the complaint petition and copy of documents available on record and find as follows:-<br /> <br /> It is evident from the copy of documents that the Complainant has purchased the Samsung Air Conditioner of Model No. AST jwda/AWT 18YZWDA for a sum of Rs.23,500/-(Rupees twenty three thousand five hundred)only form the authorized dealer Opposite Party No.3(three) vide Retail Invoice No. 753 Dt. 30/05/2006. After installation the Air Conditioner started problem for which the Complainant deposited the same with the Opposite Party No.2(two) (service center) for repair but did not repair or return the same till date. There after the Complainant requested the Opposite Parties through Regd. letter either to repair it or replace it with a new one. But the Opposite Party did not listen to the request of the Complainant. The Opposite Parties are duty bound to give proper service to its customer but they have failed to give proper service to the Complainant which amounts to deficiency in service by the Opposite Parties towards the Complainant.<br /> <br /> In the result, the complaint is allowed and ordered as follows:-<br /> <br /> The Opposite Parties are directed jointly and severally to refund the price of the Air Conditioner i.e. Rs.23,500/-(Rupees twenty three thousand five hundred)only and Rs. 3,000/-(Rupees three thousand)only towards cost compensations to the Complainant with in thirty days hence, failing which 18%(eighteen percent) interest per annum shall be charged on the total amount till the date of payment.<br /> <br /> Complaint allowed accordingly.