By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant booked one refilled cooking gas cylinder on 03/08/2021 through online. On 18/08/2021 while the opposite party brought gas cylinder for delivery demanded Rs.50/- in addition towards the gas cylinder. He had already remitted Rs.846.87/- while booking the gas cylinder. The complainant complaint before the opposite party as well as before the customer care center. The complainant remitted 50/- rupees in addition since he was highly need of cooking gas. The opposite party told the complainant that 25 rupees is enhanced cost of the gas cylinder and another 25 rupees is towards delivery charge. Aggrieved by the act of the opposite party complainant seeking compensation of Rs.5,000/- from the opposite party.
2. On admission of the complaint notice was issued to the opposite party and they entered appearance and filed version denying the allegations of the complainant. The opposite party admitted that the complainant booked one refiled gas cylinder on 03/08/2021 through online and at the time of delivery i.e., on 18/08/2021 the delivery boy collected 25 rupees from the complainant towards the increased price of the gas cylinder. There was a difference between the amount remitted by the complainant and the cost of the gas cylinder on the date of delivery and i.e., Rs.3.37. The opposite party submit that it can be on account of online service. The opposite party submitted that the consumer has to pay the cost of the gas cylinder at the time of booking but he has to pay the cost of the gas at the time of delivery. If there any difference that has to be adjusted at the time of delivery of the gas cylinder. A consumer can verify the cost of the gas cylinder through sending message to the Baharat Petroleum Corporation.
3. On receipt of notice from the Commission, the opposite party submitted that they enquired about with delivery boy regarding the complaint and he told that he has collected only Rs.25/- as additional cost of the gas cylinder and receipt was issued to the complainant accordingly. He has denied that he collected additional 25/- rupees towards the delivery cost. Hence the first opposite party denied the averment of the complainant and he contended that the complainant expressing his protest against hike of LPG gas cylinder cost. Hence the entire averments and allegations in the complaint are opposed to the fact and circumstances and so the complaint be dismissed.
4. The complainant and opposite parties filed affidavit and documents. Documents of the complainant side marked as Ext. A1 and A2. Ext. A1 is copy of GST invoice No.54599. Ext. A2 is view/down load statement regarding transaction in between 01/08/2021 to 15/08/2021 of State Bank of India. The documents on the side of opposite party marked as Ext. B1 to B3. Ext. B1 is copy of GST invoice No.54599. Ext. B2 is quick book and pay. Ext. B3 is copy of receipt regarding retail selling price.
5. Heard both side, perused affidavit and document. There is no dispute that the complainant is a consumer under the opposite party and he availed gas cylinder as stated in the complaint from the opposite party through online booking. The grievance of the complainant is that the delivery boy collected 50/- rupees as additional cost towards the gas cylinder, which he is not bound to pay. The contention of the opposite party is that the complainant is bound to pay cost of the gas cylinder on the date of delivery. The opposite party produced Ext. B3 which states that the retail selling price applicable on the date of delivery is to be charged by the distributor to the customer. Accordingly the opposite party collected Rs.25/- from the complainant towards the increased cost of the gas cylinder which is evident from Ext. A1 and B1. The opposite party also submitted that on receipt of copy of this complaint enquired about the grievance with the delivery boy but he denied the allegation of the complainant that he realized Rs.25/- towards the delivery cost. The opposite party admit that the complainant is not bound to pay Rs.25/- in addition to the opposite party towards delivery of gas cylinder. The delivery boy is not a party in the proceedings. So, the perusal of affidavit and documents there is no evidence to show that the complainant paid 50/- rupees in addition to the online booking price. The available documents Ext. A1 and B1 shows that the complainant paid Rs.25/- only in addition to the amount paid through online. Ext. B3 empower the opposite party to realize or to return the difference of price on the date of booking and the date of delivery of gas cylinder. In the absence of sufficient evidence to establish the allegation of complainant the Commission dismiss this complaint. Parties will suffer cost.
Dated this 5th day of April, 2022.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 and A2
Ext.A1: Copy of GST invoice No.54599.
Ext.A2: View/Down load statement regarding transaction between 01/08/2021 to
15/08/2021 State Bank of India.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Ext. B1 to B3
Ext.B1: Copy of GST invoice No.54599.
Ext.B2: Quick book & pay.
Ext.B3: Copy of receipt regarding retail selling price.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
