Date of filing : 24-02-2014
Date of order : 29-12-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.35/2014
Dated this, the 29th day of December 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Sebastain.C.P. A.R. Camp Quarters, : Complainant
Parakatta, Po.RD Nagar, Kasaragod
(In Person)
Manager, Comfort Bharath Gas Agency, : Opposite party
A/c.Blue Flame Agency,
Paduvadukkam, Muttathody,
Po.Vidyanagar, Kasaragod
(In Person)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
That the complainant is a consumer of the opposite party and he had purchased gas cylinder from the opposite party on 5-4-14 by paying an amount of Rs.1188.50 the amount include subsidy amount also. The complainant received message on the same day stating that Rs.706/- subsidized amount transferred to the account of the complainant. The complainant went to SBI, Kasaragod where he has account but it was stated that the amount was not transferred to his account. Eventhough the complainant approached several times, the manager of the opposite party stated that they have already transferred the amount and the attitude of the opposite party to the complainant was very rash and inhuman. Due to the act of the opposite party the complainant had monetary loss physical and mental agony. Hence the complaint.
2. The opposite party appeared and filed version stating that they transferred the subsidy amount to the account of the complainant on 25-02-2014 and the other contention in the complaint was opposed by the opposite party in his version he further contended that there is no deficiency on his part and hence complaint is liable to be dismissed.
3. The complainant filed chief affidavit. After filing the version the opposite party never appeared before the Forum. On going through the affidavit the Forum convinced that complainant herein is a consumer of the opposite party and he had purchased gas cylinder on 5-2-2014 by paying an amount of Rs.1188.50 for which the opposite party issued a cash Memo 122938 dt.5-2-2014 which included the subsidized amount of Rs.706/-. The complainant further stated that he received message on the very same day stating that the subsidized amount has been transferred to his account and when he went to the bank it was revealed that the same is not credited in his account, on enquiry to the opposite party’s office, the workers behaved in a very rash manner and humiliated him in front of others. He further stated in his affidavit that since he is a patient who was in need of money for his treatment had suffered mental agony. Here whether the complainant suffered loss and sustained damages is to be seriously looked into before concluding the case. Eventhough the complainant had a case that he was a patient and in need of money for the treatment purpose was not produced any single scrap of paper before us to prove the same. Moreover, it is true that as per the version of the opposite party he admitted that the amount was transferred only on 25-02-2014 and another important aspect in the case is that the complainant approached the forum and filed the complaint on 24-02-2014 by knowing this fact the opposite party transferred the amount in the account of the complainant herein which is definitely deficiency on his part. And how far the complainant suffered due to the act cannot be assessed by the Forum without any document but the opposite party herein failed to utilize to his opportunity to cross examine the complainant in this regard.
In the result, the complaint is allowed directing the opposite party to pay an amount of Rs.2000/- as compensation for the mental agony and cost of Rs.2,000/- to the complainant . Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUP
