Haryana

StateCommission

A/387/2016

SHAHEED VIRENDER SINGH GAS AGENCY - Complainant(s)

Versus

JAI SINGH - Opp.Party(s)

VAIBHAV JAIN

15 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :       387 of 2016

Date of Institution:       04.05.2016

Date of Decision :        15.12.2016

 

 

Shaheed Virender Singh Gas Agency (IOC) Mandi Ateli, Tehsil Narnaul, District Mahendergarh through its Manager Om Parkash Power of Attorney of Smt. Manbhavti Wife of late Shaheed Virender Singh.

                                      Appellant-Opposite Party No.1

Versus

 

1.      Jai Singh son of Sh. Ram Chander, resident of Village Salimpur, Tehsil Narnaul, District Mahendergarh (Haryana).

Respondent-Complainant

2.      Senior Area Manager, Indian Oil Corporation Limited, Karnal, Area Office Kohand Assandh Road, Village Gudha, District Karnal, Haryana.

Respondent-Opposite Party No.2

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:              Shri Vaibhav Jain, Advocate for the appellant

                             Shri Sandeep Kumar Yadav, Advocate for the respondent No.1

                             None for the respondent No.2

 

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Shaheed Virender Singh Gas Agency-opposite party No.1 (appellant) is in appeal against the order dated March 29^th, 2016 passed by District Consumer Disputes Redressal Forum, Narnaul (for short ‘District Forum’) whereby complaint filed by Jai Singh –complainant was allowed.  For facilitation, operative part of the order is reproduced as under:-

          “7.     Therefore keeping in view the circumstances mentioned above, there is deficiency in service on the part of the opposite parties.  Hence the complaint of complainant is hereby allowed with costs and the opposite parties are directed:-

1. To pay Rs.10,000/- to the complainant alongwith interest at the rate of 10% per annum from the ate of filing of the complaint till realization.
2. To issue one re-filled gas cylinder to the complainant without charging any amount.
3. To pay Rs.5500/- as litigation charges to the complainant.”

 

2.      On September 26^th, 2013 appellant supplied gas cylinder to the complainant.  Due to leakage, the cylinder caught fire.  The complainant requested the appellant to replace the cylinder but to no avail. 

3.      The appellant in its written version pleaded that the gas cylinder supplied to the complainant was in good condition. On receipt of complaint, the mechanic of appellant visited the spot and found the gas cylinder in good condition. 

4.      The only plea raised by learned counsel for the appellant is that the amount awarded by the District Forum is on higher side. 

5.      It is not in dispute that the appellant supplied defective LPG cylinder to the complainant.  The complainant did not lead any evidence to prove that he suffered any loss or damage from the defective LPG cylinder.   The District Forum directed the opposite parties to pay Rs.10,000/- alongwith interest at the rate of 10% per annum; to deliver one filled LPG cylinder and Rs.5500/- litigation expenses to the complainant, which in the considered opinion of this Commission is of course on higher side.  In this view of the matter, the opposite parties are directed to pay Rs.10,000/- and deliver one filled LPG cylinder to the complainant within 45 days from the date of receipt of this order.  The appeal is disposed of accordingly and the impugned order is modified in the manner indicated above.

6.      The statutory amount of Rs.7750/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.    

 

 

Announced 15.12.2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

UK