BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 182 of 2014
Date of Institution : 24.12.2014
Date of Decision : 24.11.2016.
Dimple Kumar son of Shri Kishori Lal, resident of Mandi Kalanwali, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Karan Gas Agency, Dabwali Road, Mandi Kalanwali, District Sirsa, through its Incharge.
2. Territory Manager, Bharat Gas, Hisar.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ………..……MEMBER.
Present: Sh.Sunny Babbar, Advocate for the complainant.
Opposite parties exparte.
ORDER
Case of complainant in brief, is that he is the consumer of opposite parties being gas connection holder bearing consumer No.1266 vide card No.12064690. At the time of taking the said gas connection, the complainant had fulfilled all the necessary formalities as required by op no.1 and had also deposited the necessary fee in this regard and after that the connection was released to him. The complainant had been received gas cylinders from time to time by paying requisite amount of supply but to his surprise, in the month of July, 2014, the supply of cylinders was stopped by ops without disclosing any cogent reason. The complainant immediately thereafter contacted the ops and requested to supply the cylinders but the officials of op no.1 instead to agree with the genuine request of complainant, disconnected his name from the list of consumers and refused to supply the cylinders to him. On inquiry, the officials of op no.1 required the complainant to deposit a sum of Rs.2000/- and to submit other relevant documents pertaining to his identity and stated that only after completion of these formalities, the connection shall be released to him. However, as per the mandatory rules of the agency, no document is required in case the KYC of consumer is OK. The KYC of the complainant is ok but even then the officials of agency are demanding identity proof and other relevant documents and necessary fee from him which is against the rules. The complainant has been making rounds to the ops and has been making repeated requests to continue his gas service without charging any further amount from him but no response whatsoever has been received from the side of ops. The complainant also got served a legal notice upon ops on 14.11.2014 but to no effect. On receipt of legal notice, the official of the ops namely Harmel Verma telephonically called the complainant and misbehaved with him. He openly declared that his connection shall not be continued in any manner. Hence, the present complaint for a direction to the ops to supply six gas cylinders to the complainant from July, 2014 to December 2014 and to pay a sum of Rs.50,000/- as compensation for harassment.
2. On notice, opposite party no.1 appeared and filed written statement wherein it has been asserted that complainant was obtaining the gas supply regularly till 2014 but when some required documents as well as required necessary fee were demanded from the complainant as per terms, conditions and rules, he flatly refused to deposit the same and hence his supply was stopped as per rules. The complainant has not deposited the required documents as demanded by the ops which are very much necessary for the continuation supply of the gas refill and as per instructions of the department. Remaining contents of the complaint have been denied.
3. Opposite party no.2 did not appear despite issuance of summons through registered cover and was proceeded against exparte.
4. In evidence, the complainant has tendered his affidavit Ex.CW1/A, copy of legal notice Ex.C1, copy of postal receipt Ex.C2, copy of card Ex.C3.
5. When the case was fixed for evidence of opposite party no.1, none appeared on behalf of op no.1 and therefore, op no.1 was proceeded against exparte.
6. We have heard learned counsel for complainant and have gone through the case file carefully.
7. The complainant has tendered his affidavit Ex.CW1/A on file wherein he has testified all the facts so set out by him in his complaint. In the photocopy of card of complainant, it is mentioned that his KYC is Ok. The opposite party no.1 has failed to justify the requirement of documents and required fee from the complainant as per its written statement by way of any cogent and reliable evidence rather op no.1 at the time of its evidence opted to be proceeded against exparte. Thus, we have to rely upon the case of the complainant which is supported by his affidavit and documents.
8. Thus, we accept the present complaint and direct the opposite parties to restore the gas connection of the complainant. We also direct opposite party no.1 to pay a sum of Rs.10,000/- in lump sum as compensation to the complainant for harassment etc. including litigation expenses within a period of one month from the date of receipt of copy of this order, failing which complainant will be entitled to interest @9% per annum from op no.1 on the above said amount from the date of this order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated: 24.11.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
