Judgment : Dt.19.12.2017

Shri S. K. Verma, President

            This is a complaint made by one Aloke Dutta, son of Late Arun Chandra Dutta, residing at Dakshin para, Purba Putiary, P.S.-Regent Park, Kolkata-700 093 against Ashok Saha, proprietor of Radharaman Gas Service (INDANE), of 72, Gangapuri Purba putiary, P.S.-Regent Park, Kolkata-700 093 praying for a direction upon the O.P. to pay compensation and cost to the tune of Rs.30,000/-.

            Facts in brief are that Complainant took a gas cylinder of Indian Oil Corporation on 29.6.2015 from the dealer Radha Raman Gas Service, Gangapuri, Purba Putiary, P.S.-Regent Park. But, after few days, Complainant observed that the gas in the said cylinder exhausted without much consumption. Complainant made a complaint to the office of Dealer but no response was given by the said dealer. Complainant personally met to the owner of that Gas dealer namely Ashok Saha who sent a mechanic to the Complainant’s house. Said mechanic told that there contains 9.7 kgs of water. By knowing this, Complainant went to the office of the dealer with a request for new cylinder but dealer refused to oblige. Complainant was given to understand that no cylinder would be supplied since Complainant had made a complaint. Dealer threatened the Complainant also. So, Complainant filed this case.

            OP filed written version and denied the allegations of the complaint. OP has prayed for dismissal of this complaint on the ground that Complainant manufactured the story made out in the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief to which OP filed questionnaire to which Complainant filed affidavit-in-reply. Similarly, OP filed affidavit-in-chief to which Complainant filed questionnaire to which OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            In this regard, Complainant has filed copy of the letter which he submitted to the OP after the alleged incident. Complainant has also filed one xerox copy of receipt issued by the Dealer of Indane. In addition, complainant has filed the copy of Gas Book. Neither these documents establish that there was shortage of about 9 kgs gas in the cylinder. Complainant in his complaint petition has alleged that dealer had sent a mechanic who declared that about 9.7 kgs of water was in the cylinder. However, there is no document to substantiate it. Unless this fact is substantiated the allegation cannot be said to have been proved.

            In the aforesaid facts and circumstances, we are of the view that Complainant failed to prove he allegation.

Hence,

ordered

            CC/283/2016 and the same is dismissed on contest without costs.