CC Filed on 30.05.2008<br /> Disposed on 24.09.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 24th Day of September 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.50/2008<br /> Between:-<br /> <br /> Smt. Sarvamangala,<br /> W/o Dhakshinamurthy,<br /> R/at Ramalingeshwara Temple,<br /> Geetha Road,<br /> Robertsonpet,<br /> Kolar Gold Fields,<br /> Bangarpet Taluk,<br /> Kolar District,<br /> Karnataka State. Complainant<br /> <br /> (By Advocate Sri. S.Ananda Ramaiah & Others)<br /> <br /> V/s<br /> Mr. Dinesh Katiyar,<br /> The Managing Director,<br /> M/s Bharat Oil and Gas <br /> Corporation Ltd.,<br /> Marketing Division,<br /> 703, 704 Krishna Tower,<br /> 15/63, Civil Lines,<br /> Kanpur – 208 001. Opposite party <br /> <br /> (OP by Ex-parte)<br /> <br /> ORDER<br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against opposite party to pay a sum of Rs.2,00,000/- with interest at 24% per annum from 13.11.2007 till the date of realization with costs etc.,<br /> CC No.50/2008<br /> 2. The material facts as may be gathered from the complaint and the records produced by complainant may be stated as follows: The OP is dealing in supply of LPG for domestic, commercial and industrial purposes. It distributes LPG to the consumer through its authorized distributor dealers / sub-dealers. In pursuance of the advertisement for selection of distributor for Kolar district (Karnataka State), the complainant applied for the dealership. On consideration of the application of complainant, she was appointed as Authorized Distributor Dealer for Kolar district of Karnataka State. A certificate to that effect with registration No.20-25618 dated 20.11.2007 was issued and an authority letter for distributorship dated 19.11.2007 was also issued. Area agreement for distributorship was also executed by OP on 20.11.2007.<br /> <br /> The OP under letter dated 19.11.2007 required the complainant to furnish certain particulars and to comply certain formalities mentioned in the said letter and stated that unless and until the fulfillment of these particulars and formalities the complainant could not get the supplies of LPG for distribution. The OP had also intimated, in case the complainant needed any assistance from OP to inform the same accordingly. The complainant was also asked to send Rs.10,000/- through DD in favour of OP latest by 03.12.2007 for supply of certain stationery. The complainant had earlier sent deposit of Rs.2,00,000/- through DD dated 13.11.2007 to OP payable at Kanpur as demanded by OP to complete the formality of appointment of dealership. <br /> <br /> The complainant on 30.11.2007 requested the OP to furnish certain particulars regarding the price list of the products of OP and the nature of products etc., The OP neither furnished the particulars nor <br /> CC No.50/2008<br /> replied that letter and subsequent remainders in that connection. Then the complainant demanded refund of the deposit of Rs.2,00,000/- with interest on 08.01.2008 and on 06.02.2008 . The OP in-turn by letter dated 28.04.2008 informed to send all original documents issued by OP along with the affidavit stating that after receiving the deposit the complainant has no further claim. It appears the complainant has not made up her mind to send back the original documents and the affidavit as demanded. She filed the present complaint alleging deficiency in service by OP on the ground that OP was bound to furnish the particulars asked by her, but failed to comply with it and failed to return the deposit with interest. <br /> <br /> 3. The notice sent to OP by this Forum was served but it remained absent and no version was filed. <br /> <br /> 4. The complainant filed affidavit by way of evidence and the necessary documents. We heard the learned counsel for the complainant.<br /> <br /> 5. After considering the facts of the case and the records we think the complaint should be allowed for the following reasons.<br /> <br /> The OP had issued appointment letter for having appointed the complainant as authorized dealer for distribution of its products for the area of Kolar district of Karnataka State, by receiving deposit of Rs.2,00,000/- which was to be adjusted towards the price of goods supplied subsequently. Having issued such appointment order the OP asked to comply other formalities within 6 months from the letter dated 19.11.2007 and along with it again demanded Rs.10,000/- towards <br /> <br /> CC No.50/2008<br /> supply of stationery. It would have been proper to demand the deposit of Rs.2,00,000/- only after completion of all the formalities when the supply of product was in near future. The OP has further failed to furnish the particulars asked by the complainant by letter dated 30.11.2007. The OP had informed that in case the complainant needed any assistance she was free to intimate the same. The OP could have at least replied the letter of complainant telling the reason why the particulars demanded by her could not be furnished. In such circumstance we hold that there is clearly deficiency in service by the OP and in the circumstances it was the bounded duty of the OP to reply the queries of complainant. In the circumstances we think interest at the rate of 12% per annum may be awarded as compensation to complainant from 13.11.2007 till the date of payment.<br /> <br /> 6. Hence we pass the following:<br /> O R D E R<br /> The complaint is allowed with costs of Rs.1,000/-. The opposite party shall pay Rs.2,00,000/- (Two Lakh) to complainant with interest at 12% per annum from 13.11.2007 till the date of realization, within 45 days from the date of this order. In default the opposite party shall pay interest at 12% per annum on the total amount then due from the date of default till the date of realization. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 24th day of September 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />