ORDER

28.11.2024

SH. RAJESH, MEMBER

1. Present complaint has been filed by complainant seeking direction to OP to refund the price of Deep Freezer amounting to Rs. 16,000/- to complainant along with interest, cost and compensation.
2. It is stated in the complaint of complainant that on 22.02.2018 complainant purchased Deep Freezer for a sum of Rs. 16,000/- from OP2.
3. It is stated that in the month of January 2019 the said Deep Freezer was not cooling properly. It is stated that complainant raised complaint on customer service centre i.e. OP No.3.  It is stated that no one came at residence of complainant for repairing the same.  
4. It is stated that complainant approached to OP No. 3 and one technician came and attended the complainant’s complaint and inspected the said deep freezer filled the gas and charged a sum of Rs 2,500/-. OP No.1 gave three months warranty for gas filling.
5. The complainant was shocked any found that the problem was not rectified. After the complement many times call at responding number one and requesting them. to replace or repair but all the request of the Complainant fell on deaf years.
6. Complainant has approached before this Commission by way of present complaint seeking refund /replacement of the cost of alleged defective product with interest, cost and compensation.  
7. Notice was issued to OPs. Despite due service OPs neither appeared nor filed Written Statement within statutory period, hence OPs were proceeded Ex Parte vide order dated 03.02.2023 by Ld. the Bench. 
8. In order to substantiate allegations made in the complaint the complainant has also led his Ex – Parte Evidence by way of affidavit reaffirming the averments made in the complaint. Complainant has also filed and has relied upon Invoice dated 22.02.2018 Exb. CW1/1 and service job sheet dated 13.07.2019 Exb. CW1/1.
9. We have thoroughly reviewed the records and heard the complainant's submissions in person.
10. The complainant submitted an invoice dated 22.02.2018 for the purchase of the Deep Freezer from OP No. 2. However, the complainant did not provide any evidence indicating that the product carried a specific warranty period from the manufacturer.
11. The submitted invoice does not indicate that the Deep Freezer was covered by any warranty provided by the manufacturer or seller.
12. The service job sheet, dated 13.07.2019, was filed more than a year after the purchase. This document is not beneficial to the complainant unless it can be proven that the product was under warranty at the time of service.
13. The complainant's request for a refund or replacement lacks substantiation, as he did not specify the warranty terms applicable to the Deep Freezer.
14. Upon consideration of the submissions and evidence presented, we conclude that the complainant has not established any consumer dispute under the Consumer Protection Act, 2019. The failure to provide warranty details relevant to the product means the complainant has not demonstrated the basis for a consumer dispute. Consequently, the present complaint is dismissed due to lack of maintainability.
15. 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 28.11.2024.

SANJAY KUMAR                                RAJESH

PRESIDENT                                       MEMBER