11/11/2015: The case of the complainant in brief is that he is a consumer of the opposite party No.2 with the opposite party No.1 as the principal under consumer No.MG2646, with the services of the opposite parties at his residence at Nepali Patty, Tezpur. On changing his residential address as Bhoirabnagar Tilla, Tezpur the same was rectified in the relevant record of the opposite parties. The complainant on 22/12/2014 joined DBTL Scheme and booked a cylinder on 25/12/2014 which was delivered to his address on 19/01/2015. That on 06/02/2015 while he intended to book a cylinder with the opposite party No.2 he was given to understand by the person manning the counter that his connection was locked without citing any reason thereof by the person at the counter and the complainant was instructed to visit Guwahati office and get the connection unlocked. At this abrupt development, the complainant raised his grievance with the General Manager, IOCL Ketekibari Tezpur, Assam but the same fell on deaf ears. Hence the instant complaint before us claiming relief to the tune of Rs.6000/- under different hands as depicted under his complaint petition.
None of the opposite parties did turn up to contest the case inspite of notice of the case been duly served on them and thus, vide order dated 27/04/2015 the case proceeded ex parte against the opposite parties.
Complainant tendered his evidence on affidavit exhibiting thereunder four nos. of document. The documents are_
Ext-1- Blue Book of gas connection.
Ext-2- Acknowledgement slip as to deposit of Form 4 dtd. 22/12/2014.
Ext-3- Letter written to Sri G. Pathak, Deputy Manager
and Mahabhairab Gas Agency dtd. 23/02/2015.
Ext-4- Postal receipt evidence dispatch of the letter dt. 23/05/2015.
We have heard argument advanced by Sri A. Kar. learned counsel appearing for the complainant. Keeping in mind the submission made by Sri A. Kar, we have gone through the materials on record,. The materials available demonstrate that the opposite party failed to forward any reason why the service connection of the complainant was locked. The complainant being a genuine consumer and as the opposite party nowhere has raised any question as to the statue of the complainant in relation to his claim, is entitled to know the reason. As the opposite party failed to assign any reason even after filing of this case, so we are constrained to opine that the conduct of the opposite party comes within the purview of definition of “deficiency” in Service as defined in Sec.2(1)(g) of the Consumer Protection Act.
The opposite parties, inspite of availing sufficient opportunities failed to forward any written version and / or cross-examine the complainant to discredit his evidence.
The complainant has prayed for:-
- Unlock the connection
- Get the connection transferred to Tezpur Gas Agency
- Compensation for the deficient service rendered Rs.5000/-
- Litigation cost Rs.1000/-
ORDER
For the reasons stated above, we are inclined to allow the complaint exparte for lumpsum amount of Rs.5000/- (Five thousand) only in total towards compensation for deficient service and cost of litigation with direction to the opposite party to unlock the connection within 30(thirty) days of receipt of notice.
Regarding the prayer No.ii) above, this Forum is not at all competent to pass any order. However the complainant is at liberty to take necessary step before the authority to get his connection transferred to Tezpur Gas Agency.
Issue notice accordingly.
