MR. PRABODHA KUMAR DASH, PRESIDENT:-
This C.C.Case No. 29/2021 is taken up today for order. This is an application U/S-35 of C.P.Act 2019, where-in a lady Complainant being aggrieved by the in action of Ops for a Gas connection, has filed C.C.Case No. 29/21 on dt. 06.08.2021. The Ld. Counsel for OPNo.1 filed Vakaltnama but no written version filed. How can we deliver justice to oppressed society if such is the conduct of Ld. Counsel for Ops? This Commission without any delay disposed it as per condition of the mandate in C.P.Act,2019. Therefore we are setting Ops as ex-parte.
The Complainant lady for a gas connection approached Op No.3(HP Gas Agent) and with him gone to OP No.1& 2 and deposited all documents like Aadhar, Bank Pas Book Photo, then the OpNo.1 HP Gas Distributor, Mahakalpada after Registration given consumer No. APBFHP-61193308190 & directed to take gas cylinder, stove from Op-2 but the OPNo.2 HP Dealer did not give anything after approach made for several times. Further the Complainant contended that without cylinder and gas stove her account pass book shown subsidy deposited several occasion (passbook Xerox filed as annexure shown gas subsidies deposited for two times). After many request neither OPNo.1 nor OpNo.2 provided gas cylinder, stove to the Complainant.
The Op No. 1& 2 are misappropriating till today the gas connection in her name till today. The OpNo.1 & 2 are liable under section-2(11) for deficiency in service & so also U/s-2(47) for unfair trade practice. The OpNo.1 & 2 are also liable for their illegal, arbitrary inaction for not providing gas cylinder, stove after giving consumer No. U/s-2(45) being trader of HP Gas. The Complainant wants in her prayer this Commission shall direct the OpNo.1 & 2 to provide gas connection and Rs. 40,000/- as mental agony and harassment undergone without gas to maintain her family without food, which is a basic need of a housewife.
The OpNo.1 & 2 are Distributor, Dealer who did not file any written version for more than 1 ½ years a poor lady suffering for a gas cylinder & stove having only consumer Number. The Complainant filed C.C.Case because the Ops belong to Kendrapara District. The OpNo.1 given consumer number in dt. 06.01.2017. Though the Complainant appeared several times before OpNo.1 & 2 but same has not been redressed.
Considering the facts and circumstances involved in the present case the lady Complainant must be compensated by equitable relief as claimed in her prayer. The OpNo.1 Distributor shall liable to pay Rs. 20,000/- to the complainant with cylinder and gas stove forthwith. The OpNo.2 dealer shall also pay Rs. 20,000/- to the Complainant for mental agony & harassment undergone throughout the periods.
O R D E R
It is directed that, the Op No.1 shall to pay Rs. 20,000/- as compensation alongwith Gas Cylinder & Stove to Complainant forthwith without further delay on the date of receipt of this order. The OpNo.2 shall also pay Rs. 20,000/- as compensation for mental agony and harassment to the Complainant forthwith on receipt of this Commission’s order, failing which both the Ops shall be liable for execution proceeding under the C.P.Act,2019.
The above order shall be complied within a period of one month from the date of receipt of this order. This C.C.Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, this the 21st day of February,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
