Delhi

North West

CC/87/2015

KAMALA KANT - Complainant(s)

Versus

BABA HARIDAS GAS AGENCY - Opp.Party(s)

03 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 87/2015

D.No.________________________         Dated: __________________       

IN THE MATTER OF:

 

KAMLA KANT S/o LATE SH. AMBIKA PATHAK,

R/o G-59, PREM NAGAR-I, KIRARI ROAD,

NANGLOI, DELHI-110086.                       … COMPLAINANT

 

 

Versus

 

BABA HARI DASS GAS AGENCY,

A-445, MUBARAK PUR DABAS,

NEAR SHIV MANDIR, DELHI-110081.… OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER   

                                               Date of Institution: 16.01.2015

Date of decision: 03.01.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP underthe consumer protection act, 1986 thereby alleging that on 18.12.2013, the complainant went to the shop of OP for purchasing a new Gas connection and on the suggestion of the OP, the complainant purchased Gas connection vide receipt no. 148 for a sum of Rs.5,200/- and the OP gave the gas cylinder of Bharti Company and has assured home delivery of the gas cylinder. On 16.12.2014, the complainant purchased second cylinder with

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payment of Rs.3,450/- against receipt no. 107. The complainant further alleged that the supplied cylinder was of Bharti Company and OP has not paid any subsidy in the account of the complainant and the OP never gave home delivery of gas cylinder facility. The complainant further alleged that sometimes OP charged an amount of Rs.1,150/- of refill cylinder and sometimes charged Rs.900/-. The complainant further alleged that on resistance by the complainant, the OP has refused to give the refill cylinder and the gas cylinder is also of different makeand accordingly the complainant alleged that OP are guilty of unfair trade practice and deficiency in service.

2.       On these allegations the complainant has filed the complaint and prayed for direction to the OP to pay reasonable compensation.

3.       Notice to OP was issued through speed post for appearance on 03.03.2015 and the notice to OP as per track report “delivery attempted: unclaimed”. But none for the OP appeared on 03.03.2015 & 27.04.2015 and as such OP has been proceeded ex-parte vide order dated 27.04.2015.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copies of receipts no. 148 dated 18.12.2013 of Rs.5,200/-, no. 107 dated 16.12.2014 of Rs.3,450/-, no. 164 dated 22.03.2014 of Rs.1,150/- and no. 261 dated 21.06.2014 of

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Rs.900/- issued by OP, copy of card serial no. M-148/AO6843 issued by OP with trade name “Bharti Gas”. The complainant has also filed copy of Mediation/Conciliation Report dated 02.01.2015 passed by Delhi Govt. Mediation & Conciliation Centre, Rohini which is an unsettled report.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears thateven after receiving notice of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. It appears that OP has no defence in its favour. The receipts placed on record by the complainant shows that the OP has charged an amount of Rs.1,150/- and sometimes Rs.900/- for refilling the gas cylinder of Bharti Gas. But the OP cannot refuse to deliver the refill gas cylinder. Thus, OP has illegally refused to deliver the refill cylinder and OP is held guilty of deficiency in service.

6.       Accordingly, OP is directed as under: -

i)        To refund to the complainant an amount of Rs.8,650/- being the price of the 2 gas cylinders on return of empty gas cylinders of Bharti Gas alongwith accessories by the complainant.

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ii)       To pay to the complainant an amount of Rs.5,000/- ascompensation including litigation cost towards mental agony and harassment caused to the complainant.

7.       The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

8.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 3^rd day of January, 2018.

 

 

  BARIQ AHMED                            USHA KHANNA                M.K. GUPTA

    (MEMBER)                                    (MEMBER)                  (PRESIDENT)

 

 

 

 

 

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