CONSUMER DISPUTES REDRESSAL FORUM

Palakkad, Kerala

Dated this the 27^th day of July, 2013

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi A.K, Member Date of filing: 11/04/2013

CC/73/2013

Sivadasan. M,

S/o. Dhamodharakuruppu,

'Souparnika', Panaparambu,

Kodunthirappully, Palakkad. : Complainant

(By Adv. Jinju Jose & Adv. Suresh Mon)

Vs

1. The Manager,

Yemkay Gas Agencies,

10/661, Head Post Office Road,

Palakkad

2. The Area Manager,

Indane Gas 10C Ltd.,

P.M.K. Tower, Wayanad Road,

Civil Station. P.O,

Kozhikode – 20. : Opposite parties

(By Adv. K. Divakaran)

O R D E R

By Smt.Seena. H, President

Complaint in brief:

Complainant is a consumer of opposite parties vide Consumer No. 86519. The grievance of the complainant is with respect to the delay in the delivery of the gas cylinders. Complainant uses a cylinder for about 30 days. Complainant booked a cylinder on 28/11/2012. Delivery was not made even after 64 days. Therefore a lawyer notice was issued. Only on receipt of the notice, 1^st opposite party delivered a cylinder. Again one cylinder was booked on 23/02/2013. Even after 60 days cylinder was not delivered. Opposite party intentionally caused hardship to the complainant. Act of opposite parties amounts to clear deficiency in service and unfair trade practice.

Opposite parties filed version contending the following:

Opposite parties denies the say of the complainant that there was a delay of 50 to 60 days. There was shortage of gas cylinders due to strike by the labourers in the refill plant and strike by the tanker lorry owners and drivers which is beyond the control of the opposite parties. During the period it took about 40 to 50 days for getting refilled cylinders and on priority basis opposite parties supplied cylinders to the consumers. On 28/11/2012 complainant booked the cylinder and it was actually taken for delivery on 3/1/2012, but as the complainant was not in the house and the door was locked, it could not be delivered. An intimation of delivery was put in the house and the practice is that only after the booking is renewed, the gas will be supplied. The same was again booked on 25/1/2013 only and it was taken for supply on 31/1/2013 itself. The same is the case with the booking on 22/2/2013. It was taken for supply on 2/4/2013 and as the door was locked it was returned without delivery. The booking was renewed on 3/ 4/2013 and the same was supplied on 4/4/2013.

The evidence adduced by the parties consists of their chief affidavits. Ext.A1 and Ext.A2 were marked on the side of complainant and Ext.B1 was marked on the side of opposite parties.

Issues for consideration

1) Whether there is any deficiency in service on the part of opposite parties?

2) If so, what is the relief and cost?

Issues 1 & 2

Heard both parties and has gone through the entire evidence on record. Complainant herein has complained about the general delay in delivering the gas cylinders booked. Two specific instances are also mentioned. With reference to the 1^st booking made on 28/11/2012 as per Ext.A1 and also Ext.B1, delivery was made on 30/1/2013. The contention of 1^st opposite party is that on 3/1/2013 an intimation of delivery was put in the house of the complainant as the door was locked. The said contention is not supported by any concrete evidence. Booking was renewed on 25/1/2013 as per Ext.B1. Had the complainant received the intimation, he would not have waited for 22 days for renewing the booking especially when one cylinder is empty. Again as per Ext.B1, cylinder booked on 22/2/2013 was delivered on 4/4/2013. The stand of the opposite party again is that the door was locked when it was taken for delivery on 2/4/2013. Neither the complainant was cross examined nor the delivery boy was examined to prove the stand of the opposite parties. The contention of the opposite parties that the general delay has effected the supply is found incorrect with regard to the above noted two occasions.

In view of the above stated facts and circumstances of the case we are of the view that the intentional delay in the supply of the gas cylinders amounts to deficiency in service on the part of 1^st opposite party. No specific allegation is seen raised against 2^nd opposite party.

In the result complaint partly allowed and we order the following.

1^st opposite party is directed to pay complainant an amount of Rs. 5,000/- as compensation and cost of the proceedings within one month from the date of receipt of order failing which the amount shall carry interest @ 9% per annum from the date of order till realization.

Pronounced in the open court on this the 27^th day of July, 2013

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha. G. Nair

Member

Sd/- Smt.Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext.A1- Copy of Customer Card issued by 1^st opposite party to complainant dated 21/11/2007.

Ext.A2- Copy of Lawyer Notice sent by the complainant to 1^st opposite party dated 30/1/2013.

Exhibits marked on the side of opposite parties

Ext.B1- Customer History Card issued by the 1^st opposite party to complainant (Computer print out of booking of the gas cylinders by the complainant.) dated 24/4/2013.

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost and Compensation Allowed

Rs. 5,000/- (Rupees Five thousand only).