The complainant/respondent No.1 purchased four split air conditioners manufactured by petitioner company on two different dates,  the first purchase being on 12.09.2013 and the second purchase being on 04.12.2013.  The air conditioners were purchased from M/s Nanak Electronics.  Since the air conditioners turned faulty, a complaint was lodged at the toll free number of the petitioner company but he was informed that the air conditioner were out of the warranty period.  The air

conditioners were later inspected by the mechanic of the petitioner company and the complainant was informed that the outer unit PCB had turned faulty and required placement.  Being aggrieved on account of defective air conditioners having been sold to him, the complainant

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approached the concerned District Forum by way of a consumer complaint. 

(2)     The petitioner did not file its written version within the prescribed period and therefore was proceeded ex-parte.  The written version filed after expiry of prescribed period was not taken on record.  The District Forum vide order dated 21.12.2017 directed the petitioner to repair three air conditioners within ten days from the complainant producing the air conditioners and in case it failed to do so, refund an amount of Rs.1,48,500/- to the complainant with interest, compensation and cost of litigation. 

(3)     Being aggrieved from the order passed by the District Forum the petitioner preferred an appeal before the State Commission.  Since there was a delay in filing the appeal, it also filed an application for condonation of delay.  The State Commission having dismissed the appeal filed by it, the petitioner is before this Commission by way of this revision petition.

 (4)    The application which the petitioner had filed before the State Commission seeking condonation of delay in filing the appeal, to the extent it is relevant reads as under :

          “That as soon as impugned order came to the knowledge of appellant company, it left no stone unturned to execute the

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same.  That appellant sent its technicians to the residence of respondent on 08.01.2018 to comply with impugned order however respondent herein refused to repair his AC Unit hence no action could be taken.  That in pursuance to the same, local office of the appellant through email dated 07.02.2018 informed about it to legal department in Gurgaon which was handling the consumer complaint.  That after discussion it was decided that further attempts for repair shall be made.”

“That consequent to said decision technicians of appellant company again visited respondent’s residence on 21.03.2018 & 06.05.2018 to repair his AC Unit as per impugned order.  That respondent at both instances refused to get his AC Unit repaired and asked the technicians to come later on.  Thus due to such attitude of respondent, appellant company could not comply with the order.”

(5)     It is thus evident that the petitioner company had accepted the order passed by the District Forum and decided to carry out repairs in terms of the directions given by the said fora.  This was also the view taken by the State Commission in appeal filed by the petitioner.  The case of the petitioner company is that the complainant refused to produce the air conditioners for the purpose of repairs despite the technicians having visited his response as many as three times i.e. on 08.01.2018, 23.01.2018 and 06.05.2018.  If the technicians of the petitioner company had visited the response of the respondent for carrying out the repairs and the complainant had failed to produce the air

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conditioners for the purpose of repair being carried by them that it would be sufficient compliance of the order of the District Forum and the complainant will not be entitled to refund etc., in terms of the said order.  The petitioner company is directed to send a letter by registered post to the complainant, within two weeks from today, alongwith a copy of this order, requiring him to bring the air conditioners to its workshop for the purpose of carrying out the repairs.  If the air conditioners are brought by the complainant to the workshop of the petitioner company, the same shall be repaired in terms of the order of the District Forum and that shall be taken as full compliance of the said order.  If the air conditioners are not brought to the workshop of the petitioner company despite the petitioners sending letter in terms of this Order alongwith a copy of this Order that will also sufficient compliance of the order.  The revision petition stands disposed of.