Order

    The complainant Ajeet Kr. Has filed his case of claim of Rs. 34,099/- value of  Voltas AC.  1.5 tone 5 star, Rs. 50,000/- physical mental, harassment as well as litigation cost.

 The  case of complainant  appears  from his complaint petition  that he has purchased AC Voltas 1.5 tone, 5 star on 17-06-2014 from the o.p  Indian Electronics Tilak Maidan  Road Muzaffarpur the o.p has assuredhim that if any problem  arises  in A.C within one year he will attendant  at visit his home and get repaired the A.C. He has further alleged  on 06-10-2014 and 11-10-2014 He has made complain which was  numbered  as complain no.- 1400603048 and 14101103484 but the o.p has avoided complain and on the oral complain he was directed to  go to service centre Andi Gola Muzaffarpur, when the complainant came to the service centre. He was abused and not considered his complain as such he suffered mental, harassment after that he serve the legal notice to the o.p. The complaint petition is supported with an affidavit and the case was filed on 17-10-2014 after 4 month  of the purchase of A.C.

The Complainant has filed  the Xerox copy of legal notice without date , retail invoice dated 17-06-2014 for Rs. 38,700/- no other paper has been filed for the complainant.

            In this case notice was issued against the o.p through registered post but the notice   has not returned back unnerved, latter on o.p appeared with power on 14-03-2015 and wanted to file w.s  but he has never filed w.s. latter on after giving more than 7 month time to file w.s. with several dates and he was not able to file his w.s. then the forum  has debarred him to file w.s. vide order dated 04-11-2015 and the case was fixd for hearing and lastly the o.p became disappeared and not file the w.s. hence there is no any defense appear before us  so that the fact of the case is probably taken to be true.

                      Considering the fact and circumstances,  material available with the record we do not find any material fact as well as legal applications against the allegation  of complainant  and we have no any point for adjudication regarding the alleged fact of case as such we are of the opinion  that the complainant is found able to prove his case against o.p.

            Accordingly the case is allowed against the o.p. O.P  is directed to pay the value cost of A.C Rs. 38700/- with interest @ 8 % p.a  from filing of the case and o.p is further directed to pay Rs. 10,000/- as physical, mental, harassment and litigation  cost. All  payment should be made within one month of the order otherwise the complainant is entitled to get it recover from the process of law.  The complainant is directed to return back  the A.C. to o.p.