: J U D G M E N T :
The brief fact of the case is that the complainant made an application for obtaining his domestic gas cylinder before 6/7 months from 15.09.2012 in the office of OP. But the OP did not supply the gas cylinder to the complainant till 15.09.2012. The complainant informed the matter over telephone and the OP advised him to come office of OP with money. Complainant on 13.09.2012 went to the office of OP and paid Rs.4,240/- and to that effect the OP issued a receipt of Rs. 1400/-. On the very next date the OP demanded Rs.450/- further from the complainant. The complainant denied to pay the same. The OP used filthy language. Complainant was a person of 82 years. The application No. was 6240 and consumer No. was 7576. The OP did not take booking for supplying the gas cylinder to the complainant. Thereafter, the gas book was lost and to that effect a diary was lodged in Krishnaganj P.S. Complainant did not get the gas cylinder since long period of time. Complainant informed the missing of gas book to the office of OP over telephone. But the OP did not take any care. Complainant was old aged ailing person. He was not able to move anywhere. Complainant submitted all documents along with copy of G.D. in the office of OP. But the OP has failed to issue the new gas book in favour of complainant. There is a deficiency in service on the part of the OP. Hence, the case.
The OP appears before the Forum and as per order No. 10, dtd. 25.02.15 OP gets an opportunity to file written version. But OP has failed to file the same. As per order No. 12, dtd. 27.04.15, OP did not take any steps and OP to show-cause as to why the case shall not be heard exparte. But OP did not turn up. So the case is taken up for exparte hearing.
Now this Forum is to consider the followings:-
- Whether the complainant is to be treated as consumer or not as per
Consumer Protection Act 1986.
- Whether there is any gross negligence or deficiency in service on the
part of OP or not,
- Whether the complainant is entitled to get any relief as prayed for.
DECISION WITH REASONS
For the purpose of brevity and convenience all the points are taken up together for discussion.
Perused all documents submitted by the complainant. Also perused the complaint, written version etc.
Point No. 1
We have perused the domestic Gas / Consumer Card (Annexure – 5 and 6) issued by OP. This documents clearly reveals that the OP issued the above mentioned document in favour of the complainant. The complainant deposited of Rs. 1400/- on 13.09.12 for getting his gas cylinder. It is also clear that his consumer No. is 7576. So in view of the status of the complainant and his relationship with OP, he is to be treated as consumer in terms of provisions of section 2(i)(d) of the Consumer Protection Act, 1986 for the purpose of the proceedings. The point No. 1 is thus decided.
Point Nos. 2 & 3
At first it is fact that the booking of the complainant for new gas connection against the waiting list has been matured which is clearly revealed from the letter dtd. September 04,2012 issued by Krishnaganj Indane in favour of the complainant.
It is clear that the complainant became consumer bearing No. 7576 under the OP. He deposited Rs. 1400/- which is clearly shown in Annexure – 4 & Annexure – 6. It is also fact that the gas book was lost & to that effect a G.D. being No. 1192/13 dtd. 28.01.2013 has been lodged in Krishnaganj Police Station which is clearly revealed from Annexure – 7.
The OP took Rs. 4,240/- from the complainant but OP issued the receipt only for Rs.1,400/-. The OP also demanded extra Rs.450/- from the complainant. All these allegation against the OP has been averred in his complaint/evidence supported by an affidavit and the said averment has not been challenged by the OP. So the statement made in the complaint and his evidence remains unchallenged by the OPs. The OP has got opportunity to file the written version but OP has failed to file the same.
Under the above facts and circumstance, we hold that the non-appearance of OP & non-filing of written version in the instant case are showing the admission of the allegation stated in the complaint filed by the complainant. So under this situation, it should be the duty of OP to provide the new gas book to the complainant forthwith and as per booking from the side of complainant, it is also the duty of OP to supply the gas cylinder to the complainant on regular basis without any delay. There is a clear gross negligence & deficiency in service on the part of OP. The complainant is entitled to get relief against the OP. Point Nos. 2 & 3 are thus decided. So the case succeeds.
Hence,
Ordered,
That the CC/2014/132 be and the same is allowed exparte against the OP with cost of Rs. 1000/-.
That the OP is hereby directed to deliver the gas cylinder within 20 days on his booking to the complainant, to issue the new gas book and also to issue the proper receipt of Rs.4,240/- in favour of the complainant along with payment of litigation cost of Rs. 1000/- within the prescribed period of time from the date of order, in default, decretal amount will carry interest @8% p.a. till full realization. The awarded money may be sent to the complainant by Bank Draft by the OP.
Let the copy of this order be supplied to the parties free of cost.
