BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.159/12

Dated this the 11^th day of July 2012.

 

            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)

                             Smt. Jayasree Kallat, M.A.                                       : Member

                             Sri. L. Jyothikumar, B.A., LLB.                                 : Member

 

 

 

ORDER

By Jayasree Kallat, Member:

 

            This petition was filed on 9-4-2012. The petition is filed by the complainant alleging negligence and deficiency in service on the part of the opposite party. It is the case of the complainant that he is a consumer of Malayalam Indane Services, the opposite party, who is the distributor of LPG at Kizhariyur, Koyilandy. The complainant alleges that even though opposite party had promised to deliver gas cylinders within two weeks of booking the opposite party has failed to do so. Complainant’s consumer No. is 11105. As of late the opposite party is negligent to deliver gas cylinder promptly. Complainant alleges that Opposite party takes more than 40 days for delivering the gas cylinder after booking by the complainant. Hence this petition is filed seeking relief.

 

            Notice was issued to the opposite party but opposite party has not appeared before this Forum or filed any version on their part. As the notice was served and opposite party did not appear before the Forum opposite party was called absent and set exparte. Complainant was examined as PW1 and Ext.A1 to A3 were marked on complainant’s side. It is the case of the complainant that the opposite party neglected to deliver gas cylinders promptly, even though opposite party had promised to do so within two weeks of booking for gas cylinders. Complainant has deposed that recently it takes about 40 days for delivering gas cylinder. According to the complainant this is sheer negligence and deficiency in service on the part of the opposite party. Due to the deficient act of the opposite party complainant had to suffer mentally and had to make other arrangements for getting cooking fuel. After going through the evidence and documents we have come to the conclusion that there was deficiency on the part of the opposite party. Even after repeated request by the complainant to the customer service cell of the opposite party and other authorities as well the complainant’s grievance was not redressed. Hence we are of the opinion that the complainant is entitled for relief.

 

            In the result the petition is allowed and opposite party is directed to deliver gas cylinder to the complainant in his consumer No.11105 along with compensation of Rs.1000/- forthwith on the receipt of the copy of the order failing which complainant is entitled for an amount of Rs.25/- for the each delayed day from the date of the order. Opposite party is also directed to deliver gas cylinder to his customers within a time limit of 20 days of booking by the customers.

 

Pronounced in the open court this the 11^th day of July 2012.

Date of filing:09.04.2012.

 

 

            SD/-PRESIDENT                    SD/-MEMBER            SD/-MEMBER

APPENDIX

 

Documents exhibited for the complainant:

A1.Letter by opposite party to the complainant dtd. 09.11.2010.

A2.Photocopy of consumer No.11105 of the complainant.

A3.Photocopy of subscription voucher dtd.08.07.10 by opposite party to the complainant

 

Document exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1 Lohithakshan (Complainant)

 

Witness examined for the opposite party:

 None.

                                                                                                            Sd/-President

 

//True copy//

 

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT