IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /42/2015.

 Date of Filing:               24.03.2015.                                          Date of Final Order: 29.01.2016.

Complainant: Amitangshu Biswas, S/O Late Aswini Kumar Biswas,

                        142/1, R . N. Tagore Road, P.O.& P.S. Berhampore, Dist. Murshidabad.

                        Presently: 352, Netaji Road, P.O. Khagra, P.S. Berhampore, Dist. Murshidabad.

                        Pin- 742103.

-Vs-

Opposite Party: Distributor of Indane Gas, Murshidabad Wholesale Consumers’ Co. Op. Society Ltd.

                        P.O.& P.S. Berhampore, Dist. Murshidabad. Pin-742101.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

 The fact leading to the complainant’s case u/s 12 of the C. P. Act, 1986 , in brief, is that the complainant /Amitanshus Biswas is a consumer with a domestic connection bearing  No. MW 6822 since 13.09.1991 from the OP/distributor of Indane Gas, Murshidabad Wholesale Consumers’ Co-operative Society Ltd. According to the complainant he booked a gas cylinder on 06.02.2015, which was not delivered till 19.03. 2015 whereas on 07.02.2015 the complainant received the subsidy amount of Rs.232.18 from the OP through his bank account vide No. 879731 of SBI , Berhampore Branch. The complainant several times requested the OP to deliver the gas cylinder, but the OP did not pay any heed to the matter, which is an act of deficiency in service on the part of the OP. So, the complainant came to this Forum for proper redress.

On the other hand the OP has been contesting the case by filing written version, where he denied the main allegation on date of booking. According to the complainant the gas cylinder was booked on 06.02.2015 but according to the OP the booking date was 01.02.2015 and deliver was on 04.02.2015. The OP also stated that if the complainant received the subsidy amount of Rs.232.18. So, the OP has no deficiency in service. Besides, this complaint’s case is bad for defect of parties as “Indane” has not been made a party in this case. The OP also demands that he has documents on cylinder booking by the complainant on 19.03.2015, 27.04.2015, 29.05.2015 etc and all those were duly delivered to him by the OP, which shows that the OP has no deficiency in service. So, the OP wants to leave from the Ld. Forum as well as dismissal of the case.

The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and whether the complainant is entitled to get any relief or not.

                                                     Decision with Reasons.

It is pertinent to mention that the complaint has submitted Xerox copy of gas cylinder booking booklet along with bank passbook.

The OP has also submitted copy of computer generated booking status documents against the name of the complainant.

Perused the records, we observed that the complainant is a consumer of the OP, but no cogent evidence is found in support of his allegation that gas cylinder booking on 06.02.2015 and  gas cylinder was not delivered to him as because the gas booking booklet was not properly fill up.

On the other hand the OP demanded that the date of gas booking mentioned by the complainant ie. 06.02.2015 is not true, according to record of the OP, booking was on 01.02.2015 and delivery was on 04.02.2015. The OP also stated that the complaint also booked cylinders lon 19.03.2015, 27.04.2015; 29.05.2015 etc. and all cylinders were duly delivered to him by the OP, which is evident by a copy of gas cylinder booking and delivery recorded in the name of the complainant. The same recorded also evident a few delivery dates written in the booking booklet before the disputed date.

Regarding the subsidy encashment, according to the complainant, amount of Rs.232.18 encashed on 07.02.2015 in his bank account against the booking on 06.02.2015.  But record sheet submitted by the OP shows that the said amount was against the booking on 01.02.2015, which evident the cash memo No. 3000240820 is the same in the bank account passbook as starting of ref No.

On the basis of the above situation along with documents on the record, our clear opinion is that the OP is responsible for irregular entry of delivery in booking booklet which is an evident of deficiency in service on the part of the OP. On the other hand, the complainant raised allegation of non-delivery of cylinders by an affidavit, which we cannot ignore or disbelieve. So, we have no other alternative but to conclude that the case the complainant is entitled to get relief i.e should get one gas cylinder from the OP, no other compensation is permissible.

Considering all the facts and circumstances we find that the case be allowed on contest and the complainant will get one gas cylinder only from the OP.

Hence,

                                                         Ordered

that the Consumer Complaint No. 42/2015 be and the same is hereby allowed on contest without any order as to cost.

The OP is directed to give a gas cylinder to the complainant within 30 days from the date of receipt of this order failing which the OP has to pay @Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.