MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 30/2021 is taken up today for order. The Complainant filed a petition U/S-35 of C.P.Act, 2019. The Complainant being aggrieved by the inactions of the Ops for a gas connection has filed the present Complainant. Notice has been duly served upon the Ops and Ld. Counsel appeared on behalf of the Ops on dt. 11.07.2022 but not filed the written version till date and for which they have been set ex-parte. This Commission without any further delay disposed it as per mandate of C.P.Act, 2019.
Brief Facts:-
The Complainant lady for a gas connection approached OpNo.3(Agent) and as per advise of Op No.3, Complainant deposited all the relevant documents like Aadhar, Bank Pass book, Photo etc., then OpNo.1 H.P.Gas Distributor, Mahakalpada after registration given consumer No. APBS H.P. 61258516492 and directed to take gas Cylinder, stove from OpNo.2, But OpNo.2 H.P.Gas Dealer did not give anything to her after approaching several times. Further the Complainant contended that without Cylinder and gas stove, her account pass book shown subsidy amount has been credited (Pass book Xerox annexed). After several request made by the Complainant neither OpNo.1 nor Op No.2provided gas cylinder, stove even after deposited of subsidy amount.
The OpNo.1 & 2 have misappropriated the gas connection of the Complainant and are liable U/s-2(37) & U/S-2(11) of C.P.Act, 2019 as they are product seller, Distributor and dealer of H.P Gas. The OpNo.1 &2 are also liable for unfair trade practice and for their illegal, arbitrary inaction for not providing gas connection after giving consumer number to the Complainant and liable U/s-2(45) of C.P.Act, 2019, being the trader of H.P. Gas. The Complainant prayed that this Commission should direct the OP No.1 & 2 to provide gas connection and Rs. 40,000/- as mental agony and harassment undergone during these period without gas connection for which her family suffered a lot without food and Rs. 1,50,000/- for compensation and cost of this litigation and injustice caused to her by the OpNo.1 & 2 during the last 6 years without gas connection which is a basic need of a house wife.
The OpNo.1&2 are Distributor & Dealer who did not file any written version for more than one and half years. A poor lady like this Complainant suffering for a gas connection having only consumer number. The Ops belonged to Kendrapara district and OpNo.1 given consumer No. to the Complainant on dt. 06.01.2017. Though the Complainant approached several times to OpNo.1 & 2 for gas connection but the same has not been redressed by them.
Considering the facts & circumstances involved in the present case we are of the opinion that, the lady Complainant must be compensated by equitable relief as claimed in her prayer. The Op No.1, the Distributor shall liable to pay Rs. 20,000/- as compensation to the Complainant with cylinder & gas stove forthwith and the OpNo.2, the Dealer shall also liable to pay Rs. 20,000/- to the Complainant for the mental agony and harassment undergone during the last 6 years.
O R D E R
It is hereby directed that, the OpNo.1 shall pay Rs. 20,000/- towards compensation alongwith Cylinder and gas stove to the Complainant without further delay and OpNo.2 shall also pay Rs. 20,000/- to the Complainant towards mental agony and harassment undergone by the Complainant during the last 6 years. All the above orders shall be complied by the Ops within a period of one month from the date of receipt of this order, failing which the Ops shall be liable for execution proceeding under the C.P.Act, 2019. The C.C.Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 6th day of March,2023.
I agree
Sd/- Sd/-
PRESIDENT MEMBER
