Date of filing :  26-10-2009

                                                                                               Date of order : 29-01-2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C. 231/09

                         Dated this, the 29^th day of January 2010

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                        : MEMBER

Sujatha,

Suja Nivas,

Adukathbayal Beech,                                                            } Complainant

Kasaragod. 671121.

(In Person)

The Manager,

Bharath Gas Distributor,                                         } Opposite party

Kalanad Complex, Railway Station Road,

Kasaragod. 671 121.

(Exparte)

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            The complaint is against the inordinate delay of supply of refilled gas cylinder by the opposite party who is a distributor of L.P.G.  According to the complainant opposite party takes 40 to 45 days for the supply of a refilled cylinder from the date of booking.

2.            Opposite party remained absent inspite of receipt of notice issued by registered post.  Hence opposite party is set exparte.

3.            Complainant examined as PW1 and the copy of customer card is marked as Ext.A1.  Heard the complainant.

4.         PW1 deposed that there is inordinate delay in supplying the refilled gas cylinders and she has to wait 40-45 days from the day of booking for getting her empty cylinders replaced with refilled cylinders.  She further deposed that she is constrained to depend upon fire wood for cooking and she being an asthma patient it creates her much trouble.

5.         The LPG distributor is bound to supply a refilled gas cylinder within 24 hours from the time of booking.  So a customer is entitled for the refilled cylinder within the aforesaid time.  But the consumers of LPG are in distress and they have to wait for weeks and months to obtain the empty cylinders replaced.

6.         Order 9 of the Liquefied Petroleum Gas (Regulation of Supply & Distribution) Order 2000 deals with the procurement storage and sale of liquefied Petroleum Gas by a distributor.  As per 9{C} of the order the distributor is bound to maintain sufficient stock at the business premises at all times.  So the non-supply of refilled gas cylinder to a consumer for long i.e. 40-45 days is a deficiency in service on the part of opposite party. In our view at the most opposite party could take 10 days for supplying the refilled cylinder from the date of booking.  The delay in supply of refilled cylinder is a deficiency in service on the part of the opposite party.

            In the result, complaint is allowed and opposite party is directed to supply the refilled gas cylinder within 10 days from the date of booking.  Failing which the opposite party shall pay a sum of Rs.10/- each per day from 10^th day of booking till delivery towards the expenses the complainant  incur to find out alternative fuel for cooking.  The opposite party is further directed to pay Rs.1500/- towards the compensation for the sufferings caused to the complainant on account of delay in supply of LPG cylinders and Rs.1000/- towards the cost of these proceedings.  Time for compliance is limited to 30 days from the date of receipt of copy of the order.

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. Photocopy of Customer Card.

PW1.Sujatha.

MEMBER                                           MEMBER                                           PRESIDENT

Pj/