IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2016
Filed on 27..02..2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No. 66/2015
between
Complainant:- Opposite Party:-
Sri. Raynold Guru Kripa Gas Agency
Moonnedathil Avalookkunnu P.O.
Pathirappally P.O. Alappuzha
Alappuzha (By Adv. Legitha D’cruz)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant booked for a filled gas cylinder over phone on 03.01. 2015. But he has not received the gas cylinder till 27.2.2015. He made so many requests for the delivery of the gas cylinder. During this period the complainant’s family depended wood oven. Since the complainant had only one gas cylinder and the non-availability of the gas cylinder caused much inconveniences to his family. He got the filled gas cylinder after a long period of time. Alleging deficiency in service on the part of the opposite party, the complaint is filed.
2. The version of the opposite party is as follows:-
The complainant had done the online booking on 3.1.2015. The allegation that he has made enquiries so many times before the opposite party is not correct and hence denied. The complainant made the complaint only on 2.3.2015 and the opposite party delivered the gas cylinder on 3.3.2015. Due to the inexperience of the employees of the opposite party and also due to the misplacement of the address in the folder of the computer the delay is caused. There is no deficiency in service on the part of the opposite party.
3. The complainant’s son was authorized to conduct the case for and on behalf of the complainant and he was examined as PW1. The documents produced were marked as Ext.A1 to A3. The opposite party was examined as RW1. The document produced was marked as Ext.B1.
4. Considering the allegations of the complainant, and contentions of the opposite parties this Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite party in timely supply of gas cylinders?
2) Whether the complainant is entitled to get compensation and costs from the opposite party?
5. It is an admitted fact that complainant made the booking for the supply of the gas cylinder on 3.1.2015. According to the complainant even though he made so many requests for the delivery of the filled gas cylinder he has not received the gas cylinder till 27.2.2015. Thereafter he received the gas cylinder on 3.3.2015. According to the opposite party complainant made the enquiry only on 2.3.2015 and they delivered the gas cylinder on 3.3.2015 itself, the delay in delivering the gas cylinder was occurred due to the inexperience of his employees while entering the online booking. Complainant produced the delivery receipt issued by the opposite party to one Sheeba Tomy and it marked as Ext.A3. Ext.A3 shows that the booking of the gas cylinder was on 5.1.2015 and it was delivered on 20.2.2015. Opposite party did not make any objection in marking this document. Their only contention is that complainant has not made any enquiry after the booking. At the same time they admitted that due to the inexperience of his employees the delay occurred. According to the complainant after the booking on 3.1.2015 he made so many enquiries and since it became futile, he made the complaint before the Forum. It is seen that the complainant is filed on 27.2.2015. The delivery was done on 3.3.2015. Hence the contention of the opposite party that complainant has not made any enquiry after the booking is not sustainable. More over Ext.B1shows that prior to the booking on 3.1.2015 complainant made another booking on 25.11.2014 and it was delivered on 29.12.2014. Hence the contention of the opposite party that his address was misplaced in the folder of the computer is also not sustainable. The Ext.A3 document shows that the opposite party delivered gas cylinder to the customer on 20.02.2015 who applied on 5.1.2015. But the opposite party delivered the gas cylinder very late to the complainant who booked on 3.1.2015. According to the complainant on account of the negligence on the part of the opposite party in delivering gas cylinder he had to suffer a lot. In the absence of the delivery of the filled gas cylinder within the reasonable time after the booking, his family had to depend wood oven and also that caused much inconveniences to his family. It is an admitted fact that opposite party delivered the gas cylinder only after 2 months of the booking. So from the evidence on record, it is clear that there was negligence on the part of the opposite party in delivering the filled gas cylinder to the complainant. As a result, the complainant suffered a lot of mental agony and harassment. The inordinate delay committed by the opposite party in delivering the gas cylinder to the complainant amounts to unfair trade practice and the complainant is to be compensated for the same.
In the result, complaint is allowed. The opposite party is directed to pay an amount of Rs.3000/- (Rupees three thousand only) towards compensation to the complainant. The opposite party is further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the confidential assistant transcribed by her corrected me and pronounced in open Forum on this the 30th day of April, 2016.
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member):
Sd/- Smt. Jasmine D (Member):
Appendix:-
Evidence of the complainant:-
PW1 - Renoj.M.R. (Witness)
Ext. A1 - Authorization letter
Ext.A2 - Delivery receipt dated 2.3.2015
Ext.A3 - Delivery receipt dated 20.2.2015
Evidence of the opposite party:-
RW1 - Sasidharan. P. (Witness)
Ext.B1 - Copy of the refill booking history
//True copy//-
By Order
Senior Superintendent
To
Complainant/Opposite party/SF.
Typed by: pr/
Compared by: -
