Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 355.
Instituted on : 01.10.2014.
Decided on : 06.06.2016.
Rajender Prasad Kaushik s/o Sh. Vidyadhar Sharma R/o Village Kalinga District Bhiwani.
………..Complainant.
Vs.
- Choudhary Gas Service through Proprietor/Partner, Gudhan Road, Kalanaur.
- Indian Oil Corporation Limited State Office, Delhi& Haryana(Marketing Division) 2nd Floor, World Trade Centre Babar Road, New Delhi-110001 through M.D./Chairman/Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh.V.P.Goel, Advocate for complainant.
Sh. Sandeep Verma, Advocate for opposite party no.1.
Sh.Raghav Avasthi Advocate for opposite party no.2.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that he had taken a Gas connection from the opposite party no.1 having no.C-229 on dated 10.11.1999 and a card bearing no.2364629 was issued by the opposite party. It is averred that the complainant had made registration on dated 13.03.2014 with the opposite party no.1 for getting the supply of gas cylinder and it was assured that the same will be supplied within one weak but despite his repeated requests and visits to the office of the opposite party no.1, the cylinder was not supplied and on 02.07.2014 it was told that the cylinder will not be issued on this receipt and the complainant would have to do a new registration. It is prayed that the opposite party may kindly be directed to supply the gas cylinder on the alleged receipt and to pay a compensation of Rs.80000/- on account of delay caused by the opposite parties in supply of cylinder, to pay Rs.11000/- as litigation expenses and also to supply the gas cylinders in due time in future.
2. Notice of the present complaint was sent to the opposite parties who appeared and filed their separate written reply. Opposite party no.1 in its reply has submitted that every gas cylinder is delivered as per the policy terms and conditions of the company. It is averred that in normal conditions the gas cylinder provided within prescribed period but in case of emergency or any cause beyond the reach of answering opposite party. The gas cylinder is provided as earliest as possible. It is averred that the applicant might have approach after the expiry of validity period of the receipt then he would have been asked to re-registration. It is averred that the opposite party never denied to issue the gas cylinder as per the policy, rules, terms and conditions of the company. Hence there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Opposite party no.2 in its reply has submitted that the complainant may put to the strict proof of the averments made in the paragraph under reply. It is averred that there has been no non-compliance of any norms whatsoever on the part of answering opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
4. Both the parties led evidence in support of his case.
5. Complainant in his evidence has tendered affidavit Ex.CW1/A, and documents Ex.C1 to Ex.C3 and has closed his evidence. On the other hand, opposite party no.1 in her evidence has tendered affidavit Ex.RW1/A and has closed her evidence. However evidence of opposite party no.2 was closed by the order dated 04.02.2016 of this Forum.
6. We have heard ld. counsel for the parties and have gone through the material aspects of the case very carefully.
7. There is no rebuttal to the evidence that as per Card Ex.C1, complainant is having card no.2364629 and as per receipt Ex.C2, complainant has booked the gas cylinder on dated 13.03.2014. The contention of ld. counsel for the complainant is that he was not supplied the cylinder on the prescribed time limit despite his repeated requests and was asked to do the registration again for getting the gas supply. On the other hand contention of ld. counsel for the opposite parties is that the gas cylinders are supplied as per terms and conditions of the company within the prescribed period.
8. After going through the file and hearing the parties, it is also observed that despite registration of the gas cylinder on 13.03.2014, the same has not been supplied to the complainant even after elapse of 2 years and he has been compelled to file the present complaint. Moreover no solid reason has been given by the opposite parties for non-supply of alleged gas cylinder and for re-registration. In these circumstances opposite parties are directed to refund the cylinder price against the receipt, to issue the refill of gas connection without any delay, to give regular connection after completion of formalities e.g. Aadhar Card, Ration Card etc., and to supply the continuous gas supply as per rules to the complainant. Opposite parties are further directed to pay a sum of Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision. Complaint is disposed of accordingly.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.06.2016.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
…………………………….
Ved Pal, Member.
