Date of filing : 17-11-2008 Date of order : 08-01-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.241/08 Dated this, the 8th day of January 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER a.Abdulla, S/o.Andunhi, Mallavara House, } Complainant Adhur Village and Post, Kasaragod Taluk. (In Person) The Propreitor, Blue Flame Agencies, Kalanad Complex, } Opposite party Railway Station Road, Kasaragod (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Tersely stated, The complainant booked for a refilled domestic gas cylinder on 4-9-08. But it was not supplied by opposite party till 1-11-08 even though complainant approached the Opposite party thrice. Finally after issuing a registered lawyer notice on 29-10-2008 to opposite party complainant obtained refilled gas cylinder after 55 days from the date of booking. Alleging irregularity and deficiency in service in distributing the refilled gas cylinder instant complaint is filed claiming Rs.5000/- as compensation and costs of the proceedings. 2. Notice to opposite party sent by registered post with acknowledgement due. Though it was served upon opposite party. Opposite party remained absent. Hence he was set exparte. 3. Complainant examined as PW1. Exts A1 to A3 marked. Complainant testified that he booked for a refilled domestic cooking gas cylinder with opposite party on 4-9-08 and got it only on 1-11-08. Opposite party sent him back thrice whenever he approached for the gas cylinder. Finally the gas cylinder was provided on the same day when he caused a lawyer notice to opposite party. The supply of gas cylinder was not according to seniority of booking. The opposite party had supplied refilled cylinders to those consumers who had booked subsequently to him. Due to non-supply he had suffered much mental agony and constrained to purchase fire wood for cooking. 4. Ext.A1 is the copy of the consumer card of the complainant. Ext.A2 is the copy of the lawyer notice dated 29-10-08 and Ext.A3 is its acknowledgement. The fact that on the date of receipt of the lawyer notice itself opposite party delivered the refilled gas cylinder to the complainant would makes it abundantly clear that it was not due to the dearth or non availability of the refilled gas cylinder with opposite party that caused the delay in supply of the refilled gas cylinder to complainant. 5. The Liquefied Petroleum Gas (Regulation of Supply and Distribution) order, 2000 provides as follows: Order 9: Procurement, storage and sale of liquefied petroleum gas by a distributor (a) No distributor having stock of liquefied petroleum gas at the business premises, including storage point shall unless otherwise directed by a government oil company or a parallel marketeer, refuse to sell LPG on any working day during working hours, to the consumer registered with that distributor.9(c) every distributor shall take steps to ensure that stocks of liquefied petroleum gas are available at the business premises including storage point at all times. 6. So the above order makes it clear that the opposite party is bound to maintain sufficient stocks of LPG at the business premises and therefore he could not even contend that sufficient stock is not available with him. In our view the non supply of refilled gas cylinder on demand or at least within a period of 10 days from the date of booking is a violation of the order stated supra and it is an unfair trade practice on the part of opposite party. There is no doubt that the complainant might have suffered due to the non-supply of cooking gas cylinder for a long period of 55 days. Hence opposite party is liable to compensate the complainant adequately. The complainant should have spent at least Rs.10/- per day to find out the alternative fuel, for cooking. Therefore we allow the complaint and the opposite party is directed to pay Rs. 450/- as compensation to the complainant for the delay of 55 days caused in supplying the LPG cylinder if 10 days grace period is allowed to opposite party for the supply of LPG refill cylinder from the date of booking with a cost of Rs.1000/-. Opposite party is further directed to discontinue this unfair trade practice and directed to supply LPG refilled gas cylinders to all his consumers immediately on demand by keeping sufficient stocks of LPG refilled cylinders as envisaged under Order 9© of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000. Time for compliance 30 days from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT A1. Photocopy of Customer Card A2. 29-10-08 copy of lawyer notice A3. Postal acknowledgement card PW1. A.M.Abdulla. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
