The case of the Complainant as can be gathered from the case record is that being a consumer of the Opposite Party the Complainant booked a L.P.G Gas cylinder on 17.10.2013 bearing No. 84486116 and thereafter contacted with the O.P. several times for taking delivery of the cylinder. Surprisingly, on 28.11.2013 the opposite Party said that the booking on the date 17.10.2013 is cancelled and the Complainant asked to book the cylinder again and then he will receive the cylinder within 5/6 days. The Complainant finding no other alternative took shelter of internet and after searching he came to know that the booked cylinder already has been delivered on 07.11.2013 but when he brought the matter to the notice of the Opposite Party he only received filthy languages, bad treatment from the Opposite Party. Being astonished the Complainant made a Complaint to the Sales Officer, Bharat Gas Service through mail but no response for which the Complainant compelled to file the present case before this Forum seeking reliefs and compensation as incorporated in the prayer portion of the complaint.
The Opposite Party contested the case by filing W/V contending inter alia that the case is not maintainable in the eye of law and denied all most all the allegation of the complainant. It is admitted that the complainant booked a Gas Cylinder on 17.10.2013 through internet. The prime contention of the O.P. is that this O.P. had/has no bad intention to harass the Complainant by not supplying the Cylinder even after booking. The true is that the Complainant always use to take deliver the cylinder in his own capacity, mistakenly the O.P. tried to deliver the cylinder through carrying man and when it was ready for supply the O.P. mentioned the delivery report in the delivery list . The carrying man failed to supply and returned back the cylinder to the O.P. and therefore the O.P. delivered the said cylinder as per next booking list. The further contention of the O.P. is that there is no negligence from the part of the O.P. for delivery the booked cylinder and no deficiency in service as alleged by the Complainant for which the Complainant is not entitled to get any relief from the O.P. and this Complaint deserve to be dismissed.
In the light of the contention of the both parties the following moot points necessarily come up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986.
- Has this Forum jurisdiction to entertain the instant complaint?
- Whether the Opposite Party has any deficiency in service as alleged by the Complainant and is the opposite party liable in any way to compensate the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
Both parties have filed Evidence on affidavit but on perusal it appears that there is /are no new points came out for consideration.
We have gone through the record very carefully and also perused entire Xeroxed/original documents in the record and heard argument of the complainant and the Ld. Agent of the O.P. at a length.
Point No. 1.
It appears from the Annexure “B” that the Complainant, Sri Gour Binod Dutta is a bonafide consumer of the O.P. being Consumer No. A-6822 and there is no dispute for which he is every right to file the case before the Consumer Forum by not getting proper service from the Opposite Party.
Point No. 2.
The Complainant has filed this case with claim of Rs, 60,000/- i.e. within Rs.20,00,000/- and the office/residence of the Opposite Party is situated in this district also cause of action arose within this district. Hence, this Forum has pecuniary as well a territorial jurisdiction to try this case.
Point No. 3 & 4.
It is the case of the Complainant that he booked a cylinder on 17.10.2013 through internet but after elapsing more than one month the Complainant went to the office of the Opposite Party and on 28.11.2013 he was reported that the cylinder booked on 17.10.2013 has already been cancelled and he asked for further booking. After that by checking internet he noticed that the booked cylinder already has been delivered to another person on 07.11.2013 and by not getting the said cylinder he suffered a lot for which he filed the case alleging deficiency in service of the Opposite Party.
It is the case of the Opposite Party that the allegation brought by the Complainant is true but the O.P. clearly stated that it is a mistake and the O.P. had no intention to harass the Complainant by not delivering the booked cylinder.
On giving a close look to the materials made available in the record it appears that the Complainant booked a cylinder on 17.10.2013 vide Refill Booking No. 84486116 to the Opposite party but in the Consumer Book there is no remark in the column “Delivery Date” thus it is crystal clear that the booked cylinder has not been delivered to the consumer, the present Complainant. Surprisingly, the said booked cylinder has been delivered on 07.11.2013 to someone that is revealed from Annexure- A. The O.P. admitted the fact thus, it need not be proved.
The Ld. Agent for the O.P. vehemently argued that they have no negligence in the procedure of booking the cylinder and its delivery. Fact is that the Complainant till date did not get the said booked cylinder. Moreover, as and when he made contact with the O.P. he only received bad behavior as stated in the Evidence. It is pertinent to mention that the domestic cylinder is very essential in our modern kitchen and wants of this the Complainant as well as his family suffered a lot which cannot be denied. The situation arises only for the negligent act and conduct of the Opposite party for which Opposite Party is liable to compensate the Complainant. Further, by not delivering the booked cylinder even after elapsing about two months the deficiency in service of the Opposite Party cannot be ruled out.
Be that as it may, considering the facts and circumstances of the case it will be justified if we allow the complaint but in part.
Thus, the complaint succeeds.
ORDER
Hence, it is ordered that,
The Case of the Complainant be and the same is allowed on contest against the Opposite Party with cost of Rs. 5,000/- payable to the Complainant.
The Opposite Party is further directed to pay the Complainant Rs. 10,000/- as compensation for his mental pain and agony. The Opposite Party be complied with the order within 30 days from the date of this order failing of which the O.P. shall have to pay Rs. 50/- for each days delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund, West Bengal.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/ld. Advocate by hand/ be sent under Registered Post with A/D forthwith for information and necessary action, as per Rule.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consume Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consume Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
