Complainant Dhananjay Kumar has filed this complaint for a claim of Rs. 9,700/- with interest of 12% P.A. from the date of damage of the bathroom on 31-10-2016 along with compensation of Rs. 5000/- or mental harassment and litigation cost of Rs. 5,000/-.

2          The case of the complainant is that on 28-10-2016 complainant purchased a water heater from O.P. No.1 M/s Naman Trading  and O.P. No.2 M/s Krishna Sales authorized dealer of the O.P. No.3 Bajaj Electricals issued warranty card.

            On 31-10-2016 the authorized service man installed a water heater and he was in hurry and left away without displaying the function of water heater and he assured that the water heater is ready for use. When the family member supply the water into the water heater to check the function, the water heater fell down at once and damaged pipe line, tiles flush, sanitary pan etc. and also injured them. The complainant complained about the poor service and O.P. No.1 replaced the broken water heater and assured they will get repaired the damaged bathroom on their cost within short span of time, however the complainant after long waiting, repaired his bathroom on his own cost which comes to Rs. 9,700/-. The legal notice was sent on 12-11-2016 O.P. No.2 refused to receive the notice and O.P. No.1 and O.P. No.3 did not respond hence this case has been filed.

3          In support of a claim the complainant has filed the following Anx.

            Anx-1- Copy of the cash memo dated 28-10-2016.

            Anx-2- Warranty card of a heater.

            Anx-3- Refusal by O.P. No.2

            Anx-4- Copy of the legal notice dated 22-11-2016.

4          O.P. No.1 and O.P. No.3 have not appeared inspite the delivery of the notice and O.P. No.2 has refused to receive the notice.  Therefore Ex-parte proceeding has been initiated against all the O.Ps.

FINDINGS

5          We perused the record and found, complainant purchased the water heater on payment and avail services on payment. Therefore he is a consumer in this case and the dispute is a consumer dispute.

6          The only complaint of the complainant that the water heater purchased from the O.P. which, due to non proper service of the service man of the O.P., the bathroom along with the accessories like Tiles, Pipeline etc. were damage due to fall of the water heater on the floor. The O.P. have exchange the broken water heater but they did not fulfill the assurance to give cost of the repair of the bathroom.

            It is claimed by the complainant that when the O.Ps. have not get the floor tiles, Pan, Pipeline repaired on their cost, the complainant himself get the bathroom repaired at the cost of Rs. 9,700/-. However for this claim the complainant has not filed any receipt to prove the claim.

7          Therefore we hold that the complainant has failed to prove by filing any receipt to show the genuineness of the expenses. Therefore this case is not maintainable for want of the necessary receipt for the claim. Accordingly this complaint is here by dismissed.