West Bengal

South 24 Parganas

CC/619/2014

Pankaj Sikdar, S/O Late Purnendu Sikdar - Complainant(s)

Versus

Indian Oil Corporation. - Opp.Party(s)

09 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _619_ OF ___2014__

 

DATE OF FILING : _24.12.2014__                         DATE OF PASSING JUDGEMENT:  09/03/2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Sharmi Basu &  Subrata Sarker

                                                                             

COMPLAINANT             : Pankaj Sikder, s/o late Purnendu Sikder of uttarpara, Durgapur, Budge Budge, South 24-Parganas, Pin 743318.

 

-VERSUS  -

 

O.P/O.Ps                            :    1. Indian oil Corporation at Indian Oil Bhavan, 34A, Nirmal Chandra Street, Kolkata – 13.

                                               2.     P.K Music Sore Authorised Distributors of Indian Oil Corporation at Budge Budge Chowrasta, P.O Budge Budge, Dist. South 24-Parganas.

 

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President          

 

The short case of the complainant as unfolded under section 12 of he C.P Act is that cvomplainanty is a domestic consumer for getting gas cylinder from O.P-2 and O.P-1 is the company. It has further statd that his consumer number is 3280867 and on 15.9.2014 complainant had booked an LPG Cylinder over phone for supply of gas cylinder. But the said cylinder was not supplied to him ,for which he is suffering mental agony due to non-availability of gas cylinder at his residence and hence, this case.

O.P-1 is not conteeting the case . So, case is running agiasnt O.P-1 in exparte. 

O.P-2 ,the dealer, is contesting the case by filing written version and has specifically denied all the allegations leveled agaisnt the dealer. Mroevoer, it has claimed that complainant was initially appointed as a refill man of the O.P-2 in order to supply domestic gas cylinder to the different customers at Mayapur and Durgapur Village as per order . But some of the consumers made complaint to the O.P-2 that they are not getting cylinder in due time. Therafer, collecting information this answering O.P-2 came to know that most of the domestic gas cylinders are being sold to the outsiders in high price ,for which his job was terminated as refill man. So, complainant created various troubles to other refill man when they are going to delvier gas cylinder to the complainant. Apart from that, this O.P-2 has categorically stated that he is always ready to supply domestic gas cylinder to the complainant if he accept the same. But in every occasion refill man of this O.P-2 while went to the house of the complainant to delvier booked cylinder ,complainant refused to take the gas cylinder in order to creat to the O.P-2 to joint as a refill man as earlier. So, this complaint is vexatious and not maintainable and hence prays for dismissal of the case.

            Points for decision in this case is whether there is any deficiency in service on the aprt of the O.Ps or not.

                                                            Decision with reasons

It appears that complaintn did not file any evidence challenging the serious allegations leveled agaisnt him and only filed one application to treat the complaint as his evidence ,but complainant ought to have challenged that allegations because there is specific allehation agaisnt him that as and when refill persons who are carrying the gas cylinder went to the house of the complainant ,he intentionally refused to accept the same in order to creat troubvle for taking the complainant as a refill man as before.

            So, this case is quite different in nature. Here, the relationship of the complainant and the O.P-2 was an employer and employee but surprising that complainant filed this case to create trouble to the O.P-2 whichg has been nakedly proved from the written version itself and O.P – 2 did not file any questionnaire sicne complainant is reluctant to file any evidence and prays for treating his complaint petition as his evidence, for which, O.P-2 also prays for treating the written version as his evieence.

It is appearing that one maintainability petition is also not yet disposed of which was regisgtered as M.A.109 of 2015 . So, on a moment scrutiny we find that there is no deficiency in service on the aprt of the O.P-2 and O.P-2 has assured that if the complainant accepted the gas cylinder ,then he has no objection to send gas cylinder after booking the same ,for which, we find that this case should not be maintainable since the original dispute is an employer and employee regarding the termination of the job of the refill man and we hold that the O.P-2 has rightly terminated the complainant as a refill man ,because we are aware that there are several complaints agaistn the refill man to sell out the booked cylinder of the genuine consumers to others in high price. So, That act of the complainant is really unfotuante and termination of the job of the refill man i.e. complainant as claimed by the O.P-2 is very much justified . However, complainant will get gas cylinder as and when he booked ,subject to non refusal from his end.

With that observation, we find tht this complaint case has no substance in the eye of Law and hence, it is

                                                                        Ordered

That the Case being C.C.no. 619 of 2014 is dismissed on contest against O.P-2 and in exparte agaisnt O.P-1 but in the sorry state of affairs , when complainant has no job at present, no cost is imposed.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                                                                                       President

Dictated and corrected by me

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

1Ordered