Orissa

Bargarh

CC/09/16

Jailal Pradhan - Complainant(s)

Versus

Hindustan Petroleum Corporation Ltd. - Opp.Party(s)

S.B.Pradhan

11 Sep 2009

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/09/16

Jailal Pradhan
...........Appellant(s)

Vs.

Hindustan Petroleum Corporation Ltd.
Mrs. Tapas Kumari Dash,
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI BINOD KUMAR PATI 3. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Presented by Miss B.L. Dora, Member. In this case, the Complainant is the confide consumer of H.P. Gas for domestic use having Consumer No.-611990, issued by the Opposite Party No.2(two). The Opposite Party No.2(two) is the authorized dealer to distribute H.P. Gas Cylinders & refill gas thereof being appointed by the Opposite Party No.1(one). The Complainant has booked for refill of gas cylinder on dated 26/12/2008 in the Office of the Opposite Party No.2(two) vide SL. No.4086, for home delivery. But the Opposite Party No.2(two) did not delivered the refill cylinder even after twenty days of booking even also after personal approach of the Complainant at several times. On the other hand the Opposite Party No. 2(two) has delivered refill cylinder to some other persons who have booked after booking of the Complainant. On being harassed by this act of the Opposite Party, the Complainant has served a letter on dated 27/01/2009 on the Opposite Party No.2(two) for early delivery & this letter was received by the Opposite Party No.2(two) on dated 29/01/2009 but remained silent, hence this case. Due to this non-supply of the cylinder for a long time the complainant with his family members are suffering a lot & have been compelled to search for alternative arrangements of food processing & other matters which is more expensive & hardship for them. Here, the Opposite Party is negligent in his duty to furnish a refill cylinder & by this, is deficient in providing proper service to the consumer. On account of this, the complainant prays for a compensation of Rupees 10,000/-(Ten thousand only) for negligence & deficiency in providing proper service by the Opposite Parties towards the complainant with litigation expenses deemed fit for it. In order to prove his case, the complainant has relies on the Copies of booking entry in the Gas card, Letter of Transfer of connection, Copy of letter dated 27/01/2009 sent by the complainant to the Opposite Party etc. In response to this, the Opposite party No.1(One) has received the summon but has failed to appear before the Forum & on dated 08/05/2009, set ex-parte. The Opposite Party No.2(two) has filed his version by admitting the consumer ship & denied all allegations made against him. The Opposite Party No.2(two) has filed a computerized copy of refill booking register for dated 26/12/2008. Perused the documents, heard from the counsel & came to the conclusion that, it is the duty of the dealer to provide quick service to his consumers after booking of gas. The home delivery should be made within 24(Twenty-four) hours of booking as gas becomes an essential commodity for every gas consumers in their day-to-day life. But in this case, it is the allegation made by the complainant that the Opposite Party No.2(two) has not delivered a refill cylinder in due course of time. The Opposite Party has not filed the copy of Register where he maintains daily booking of domestic gas service. Rather he has filed the computer print out of that which evidentially can not be justifiable. Hence the complaint petition is allowed. The Opposite Parties are Jointly & Severally directed to pay Rupees 2,000/-(Two thousand only)to the complainant as for compensation for mental agony & harassment with litigation expenses within thirty days from the date of Order, failing which the awarded amount shall carry 18%(eighteen percent) interest per annum till realization. The Case is disposed of.




......................MISS BHAGYALAXMI DORA
......................SHRI BINOD KUMAR PATI
......................SHRI GOURI SHANKAR PRADHAN