Sri S.K.Sahoo,President.
This is a complaint U/s. 12 of C.P.Act, 1986 submitted by one Anirudha Das of Similipada,Angul Town.
2. The case of the complainant is that he is a consumer of the opp.parties and availing domestic cooking gas vide consumer No. 1967 pertaining to S.V.No.707557 (with two cylinders) on deposit of Rs.950.00 since 03.05.2002. The opp.party No.2 diverted the supply of cooking gas through its dealer “Snehalata Gas Agencies”, some times back while the opp.party No.1 was suspended and the complainant was regularly getting cooking gas from the aforesaid agencies upto January, 2010 .
3. Thereafter, the agency of opp.party No.1 was restored by opp.party No.2 and supply of cooking gas was resumed by opp.party No.1 to the consumers. The complainant approached the opp.party No.1 for supply of the cooking gas but without supplying the cooking gas as earlier, the opp.party No.1 demanded the production of S.V. No. 707557 dtd.03.05.2002 ,although the complainant produced the domestic gas consumer card issued by opp.party No.1. By this said domestic gas consumer card the complainant was receiving the domestic gas cylinder from opp.party No.1 since 2002. Without any reason the opp.party No.1 refused to supply the cooking gas to the complainant.
4. As the S.V is a small piece of paper issued by opp.party No.1 long years back it was misplaced or lost by the complainant. So the complainant sworn an affidavit to that effect before the Notary Public, Angul vide affidavit No. 855 dtd. 09.02.2010 . As per the requirement of the opp.party No.1 the complainant produced voter identity card, electric bill and affidavit sworn by him along with the consumer card issued by opp.party No.1 for booking of cooking gas on 09.02.2010 but the opp.party No.1 refused to accept the same. Due to non-supply of domestic gas by opp.party No.1, the complainant was harassed and subjected to mental agony .There is deficiency in service by the opp.parties. The complainant is entitled for compensation and other reliefs.
5. Notice was issued to both the parties. On 29.01.2014 again notices were also issued to both the parties through Dolphin Courier service. On 22.02.2014 the opp.party No.1 appeared through his Learned Counsel Mr.M.Bastia and others and filed a petition to file show cause, which was allowed. On 07.04.2014 opp.parties were absent and a last chance was given to them to file show cause on 21.04.2014.On that day neither the opp.party No.1 nor the representing counsel for him appeared ,for which opp.party No.1 was set exparte. Opp.party No.2 was also found absent on that day. The A.D was not back. As after thirty days of issuance of notice to opp.party No.1 through Regd. post with A.D in correct address , he did not turn up to file show cause and participate in the hearing, he was also set exparte on the same day.
6. The complaint petition filed by the complainant U/s. 12 of C.P.Act, 1986 is supported with affidavit. From the photo copy of the consumer card it is clear that the S.V No. of the complainant was 707557 dtd.03.05.2002 and he was entitled for two numbers of cylinders. It is further clear that the said consumer card has been issued by opp.party No.1 bearing Consumer No. MBN-1967.The distributor Code No. was 89133220 and the name of the distributor was opp.party No.1. So from the aforesaid documents it is clear that the opp.party No.1 has issued the consumer card to the complainant for supply of two numbers of domestic gas cylinder.
7. It is specifically mentioned in the complaint petition that the complainant produced the consumer card issued by the opp.party No.1, electric bill and his affidavit No. 855 dtd. 09.02.2010 before the opp.party No.1 on 09.02.2010 for booking of gas but he refused to accept those documents which caused harassment and mental agony to the complainant. The non-supply of domestic gas cylinder to the complainant by opp.party No.1 is gross deficiency in service by him, as domestic gas is highly essential now a days. The conduct of the opp.party No.1 has also caused mental agony and harassment to the complainant.
8. Hence order :-
: O R D E R :
The case be and the same is allowed in part exparte, against both the opp.parties. The opp.party No.1 is directed to pay compensation of Rs.30,000.00 (Rupees Thirty Thousand ) only to the complainant for deficiency in service ,harassment and mental agony. He is also directed to pay an amount of Rs.7,000.00 (Rupees Seven Thousand) only towards cost of litigation. The opp.party No.1 is directed to pay the aforesaid amounts to the complainant within a period of one month from the date of receipt of this order, failing which he is to pay an interest @ 9% pa. from date of default till payment is made.
