PER DR (MRS) MADANJIT KAUR SAHOTA,MEMBER

          Succinctly, the facts necessary for the disposal of the present complaint are that on 2.5.2009, the Complainant purchased a Whirlpool 1.5 ton A.C. (Elite Split-SR18K30), with Stabilizer for Rs.26,000/- from the OP No.2. However, later on, it turned out to be an old model of 2008, but no action was taken on his complaint. It was alleged that the cooling of the A.C. was improper and within a week of its installation, the wires connecting the stabilizer and the inner unit of the A.C. were brunt, upon which the mechanic was called, who joined the end wires emanating from stabilizer and inner unit with the condensation white colour plastic pipe which was melted, but to no avail. Despite repeated requests, neither the OPs replaced the burnt condensation plastic pipe of white colour used for out letting water from the inner unit nor a burnt wire connecting stabilizer and the inner unit of A.C. A legal notice was also served upon the OPs to do the needful, but they did nothing. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.                     Notice of the complaint was sent to OPs seeking their version of the case. 

3.                     OPs in their joint reply admitted the factual aspects of the case. It was pleaded that where the product was of manufacturing date of the year 2008 and bought in the year 2009, it does not imply that the product had some manufacturing defect. It was submitted that OPs did not receive any complaint, whatsoever, from the Complainant on the issue involved and any repair or replacement would be done by the OPs as per the warranty clause, which explicitly excludes the plastic parts from the ambit of warranty. While denying the receipt of legal notice, all other material contentions of the complaint were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

4.                     Parties led evidence in support of their contentions.

5.                     We have heard the Complainant in person, learned counsel for OPs and have also perused the record.

6.                     Annexure P-1 is the copy of the retail invoice which shows that the complainant has purchased the above said A.C. alongwith stabilizer from OP-2 for Rs.26,000/- on 2.05.2009, which carried a comprehensive warranty of 1 year and 4 years additional warranty on compressor vide copy of the warranty card Annexure P-2. The main contention of the complainant is that the A.C. was manufactured in the year 2008 whereas it was sold to him in the year 2009 after a long period of one year, which was an old model which had a manufacturing defect  due to which within a week of its installation., its wires  connecting to the stabilizer and the inner unit got burnt for which he had to purchase the new wires/other parts on his own and got it replaced by the mechanic, but thereafter also, it did not work properly which caused certain defects of poor cooling and exorbitant consumption of electricity but the OPs did not replace the said A.C. with new one despite his requests as well as the legal notice Annexure P-2.

7.                     On the other hand the OPs contended that if the product was manufactured in 2008 and was sold in 2009, it does not imply that the product would have manufacturing defect. They did not receive any complaint from the complainant with respect to the said A.C. and also any repair or replacement is done as per the warranty clause, which explicitly excludes the plastic parts from the ambit of warranty.  In support of their contentions the OPs have placed on record Annexure now marked OP-1 which is the copy of the service request to prove that the engineer of the OPs had visited the premises of the complainant only on 21.09.2010 for inspection of A.C. and no such report of any defect has been mentioned therein.

8.                     We have gone through the records placed on file very carefully and find that that the complainant has not been able to produce even a single evidence to prove that if any defect had occurred within a week of the installation of the A.C. or he has ever intimated to the OPs regarding the said defects/burning of wires of the A.C.  He has also not been able to produce the copy of the bill/receipt against which he claims to have purchased new wires/parts on the directions of the mechanic.  Even this much has not been made clear in the complaint, as to from where was that mechanic called by him, who changed the burnt wires?. The copy of the service report Annexure OP-1 clearly shows that the engineer of the OPs has visited the premises of the complainant only for a routine service on 21.09.2010 that too is after a long period of about more than a year from the date of its purchase, and on that date the A.C. in question was out of warranty for the parts of its machine other than that of the compressor. It is not the case of the complainant that there was some defect in the compressor of the A.C. Mere production of the photographs of the burnt wires vide Annexure P-5 and Annexure P-6 and the electricity consumption bills vide Annexure P-7 to Annexure P-12 does not imply the contentions of the complainant to be accepted as valid proof by this Forum. To prove all his allegations against the OPs, the complainant was required to produce strict proof/evidence against them which in the present case he has not been able to do so.   Hence, in the absence of any documentary evidence, the oral assertions of the complainant cannot be taken into consideration against the OPs to hold them liable to any deficiency in service or unfair trade practice on their part.

9.                     In view of the above discussion, we are of the considered opinion that the complainant has not been able to produce any cogent evidence in support of his contentions.  There is no merit in the present complaint and the same is accordingly dismissed.

                   Certified copies of this order be sent to the parties free of charge.  The file be consigned.