PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                    CONSUMER COMPLAINT NO.92 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Madhab Chandra Panda, Aged about 90 years,

S/O- Late Chakradhar Panda,

At/PO-Jharuapda, PS-Town,

Tahl/Dist-Sambalpur-768001, Odisha.                                              ……….......Complainant.

Vrs.

Manager M/S MAA TARINI GAS ENETERPRISES,

Distributor of H.P. Gas, Opp. Christianpada,

G.M. College Road, Ps-Town.

Tahl/Dist-Sambalpur-01                                                 ..…....……….Opp. Party

Counsels:-

1. For the Complainant         :- Sri. M.R.Das, Adv.
2. For the O.P.s                       :- Sri. S.K.Tripathy & Associates

Date of Filing:12.03.2024,  Date of Hearing :24.06.2024,  Date of Judgement :22.07.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the complainant is that the complainant is a consumer of the O.P. having consumer No. 60832 Hindustan Petroleum Gas cylinder was confirmed being booking No.5742410 with delivery OTP 2775. On 1^st/2^nd March 2024 the O.P sent a message that HP gas cash memo for Rs. 264.5 generated  for refilling booking delivery OTP 2775, and insisted for pre delivery check . The refilled cylinder was not delivered till 5^th March 2024. In the evening the Complainant received a massage that booking No. 574240 is cancelled on the basis of request. On 6^th march 2024 the O.P. was contacted by son of the Complainant and told about false message and requested to supply the cylinder. In the evening son of the Complainant was informed that as assured to supply in evening, the cylinder has been delivered to somebody else, Son of the Complainant contacted several times to the O.P. but  till filing of the Complaint gas cylinder was not supplied to the Complainant. Being aggrieved this Complaint has been filed.
2. The O.P. in reply submitted that in booking any cylinder the O.P. has no role in booking. The message part is done by H.P. Gas services at Corporate office. As booking becomes large in number supply is done as per list and serial basis. The O.P. has not cancelled the message as alleged. Such type of irregularities never happened at any point of time and there is no motive to harass the Consumer. The supply person Pradeep Kumar Rana was suffering from Jaundice during the period. There is limited employees of two to three persons to deliver gas cylinder. Gas cylinder was supplied on 12.03.2024. The petition suffers from non-joinder of necessary party and complaint is liable to be rejected.
3. Perused the documents filed by the parties. It is the admission of the O.P. that in 29^th February 2024 booking was made by the Complainant having booking No. 5742410 and after passing interim order dated 12.03.2024 the O.P. delivered the refilled cylinder to the Complainant. The O.P. failed to explain why from 29.02.2024 to 12.03.2024 filed up cylinder was not supplied. The O.P. only submitted that Pradeep Kumar Rana, the delivery boy was suffering from jaundice for which cylinder was not delivered. The O.P. submitted OPD registration No.63444 dated 14.02.2024 of Pradeep Rana issued by Dist. Head quarter Hospital, Sambalpur. Till which date Mr. Rana was advised to take bed rest has not been proved by the O.P. Secondly it is admitted by O.P. that two to three persons are delivering cylinders to customers. Here question arises from 14.02.2024 to 12.03.2024 whether no any delivery of cylinders made to other customers. The O.P. submitted medical certificate issued by Dr. Arun Kumar Dash on 11.03.2024. It is certified by the concerned doctor that Mr, Rana was under his treatment from 14.02.2024 to 11.03.2024. The Complaint petition was filed on 12.03.2024 with interim relief. Interim order was passed on 12.03.2024. Immediately thereafter Mr.Rana became fit to resume his duty. Here question arises why the two other supply person not delivered the filled up the gas cylinder within the period 29.02.2024 to 12.03.2024 is very vital for consideration of the Complaint.
4. The O.P. admitted the irregularity committed and shifted the responsibility to H.P. gas corporate office. Whenever any message is coming from Corporate office it is within the knowledge of the O.P. as it is admitted that list of consumers booking cylinders is coming regularly. The O.P. cannot escape from his liability and shift the responsibility to H.P. Gas corporate office.

The O.P. failed to submit the list of consumers from 14.02.2024 to 12.03.2024 to prove his case and bonafideness. Accordingly, it is established that the O.P. is deficient in its service. Non-delivery of cooking gas immediately after booking amounts to harassment to the family of consumer. It is unfair in trade practice.

Basing on the circumstances of the Complaint, the following order is passed.

ORDER

The Complaint is allowed on contest against the O.P. The O.P. is directed to pay a compensation of Rs. 25,000/- to the Complainant to-wards his suffering and harassment. For unfair trade practice the O.P. is directed to deposit Rs. 10,000/- in the District Consumer Welfare Fund, Sambalpur and litigation expenses of Rs. 5000/- to the Complainant.

Order pronounced in the open court on 22^nd day of July, 2024.

Supply free copies to the parties.