Delhi

South West

CC/62/2020

SMT. ANUPAMA - Complainant(s)

Versus

INDRAPRASTHA GAS LIMITED - Opp.Party(s)

26 May 2023

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/62/20

                                                                                                               Date of Institution:-18.02.2020

                                                                                                                Order reserved on:24.04.2023

                                                                                                                  Date of Decision:-26.05.2023

IN THE MATTER OF:

 

Smt. Anupma, Age 54 yrs,

W/o Late Sh. Jog Prakash,

R/o House No.3004, Street No.15,

Ranjeet Nagar, New Delhi - 110008                         .......Complainant

VERSUS

Indraprastha Gas Limited,

I.G.L. Bhawan, Plot No.4,

Samuday Bhawan, Sector-9,

R. K. Puram, New Delhi - 110022                               .…..Opposite party

                                                                                 

 

O R D E R

 

Per Dr. Harshali Kaur, Member

 

1. The Complainant, who resides at House No.3004, Ranjit Nagar, New Delhi – 110008, paid a sum of Rs.550/- to the agent of the O.P. Gas Company for two new gas connections on 14.09.2019. She handed over two cheques, cheque no.723758 for Rs.275/- and cheque no.723759 for Rs.275/-, to the agent on 14.09.2019. The O.P. generated a receipt towards the aforementioned payment, a copy of which is annexed by the Complainant with her complaint on pages no. 9 and 10 of her complaint.
2. The Complainant states that a surveyor visited her premises after a few days and, after assessment, informed her that the Gas Connection could not be given to her as the lane around her residence was too narrow. He further told her that the amount she paid for the Gas connection would be refunded and remitted into her bank account. The O.P. Company also sent an e-mail and message to this effect on 26.12.2019 and 27.12.2019, respectively. The Complainant has annexed copies of the same with her complaint on page no. 11 & 12.

 

3. The Complainant alleges that she repeatedly called the O.P. customer care number and also sent a notice. However, no action was taken by the O.P. to refund her consideration amount paid to the authorised agent of the O.P. for the Gas Connection, due to which she suffered mental agony and pain.

 

4. Alleging deficiency-in-service, the Complainant filed the present complaint U/S 35 of the Consumer Protection Act, 2019, praying for a refund of Rs.550/- along with interest, compensation, and Rs.50,000/- towards damages and litigation cost.

 

5. Notice was issued to the O.P. to file their reply. Ld. Counsel Sh. A. K. Rudra appeared on the date fixed and filed his vakalatnama on record. He received a copy of the complaint on 05.04.2021 and also. However, the O.P. chose not to file their reply for reasons best known to them, and therefore the defence of the O.P. was closed vide order dated 27.05.2022. The Complainant filed her affidavit in evidence and written arguments reiterating what she had already averred in her complaint.
6. We have heard the Complainant and have also carefully perused the file and the documents filed by the Complainant to substantiate her sworn testimony. We find that the Complainant, desirous of two new gas connections in her premises, paid a total sum of Rs.550/- to the agent of the O.P. gas company on 14.09.2019. She gave two cheques of Rs.275/- to the agent who issued a receipt towards the payments mentioned above, copies of which are annexed on pages no. 9 & 10 of her complaint. Thereafter a surveyor visited her residence and informed her that it was not feasible to give her the gas connections as the lane around her house was narrow, as alleged by her in her complaint.

 

7. The O.P. sent an e-mail dated 26.12.2019 that "the registration amount of Rs.000000 has been refunded to your Bank A/c No. 10285225505 dated 22.10.2019 at 10:07:53 through NEFT." The Complainant was asked to check with her bank. A copy of this e-mail is annexed on page no.11 of the complaint. She also received a message on her phone informing her that Rs.550/- to her account through NEFT, asking her to check her e-mail for detailed information (page 12 of the complaint).

 

8. The Complainant states that the amount was not refunded to her account despite the messages sent to her. She tried to get in touch with the O.P. but failed to get her grievance addressed by them. Hence, this complaint.

 

9. The defence of the O.P. was closed when, despite appearance, Ld. Counsel for the O.P. chose not to file their reply. Therefore the Complainant's sworn statement, as made in her complaint and reiterated in her affidavit filed to be read as evidence, remained unrebutted and uncontroverted. The Complainant has also filed the documents to corroborate her averments which leave no doubt in our minds that the O.P. was deficient in their service as promised to the complaint.

 

10. Hence, allowing the complaint, we direct the O.P. to refund Rs.550/- to the Complainant along with interest @9% p.a. from the date of filing the present complaint, i.e.18.02.2020, until realisation. The O.P. shall also pay the Complainant Rs.5,000/- towards compensation inclusive of litigation cost.

• Order be given dasti to both parties.
• The file be consigned to the record room thereafter.