Presented by Sri G.S.Pradhan, President .<br /> Brief fact of the case is that, the Opposite Party No.2(two) is the company constituted under the Companies Act-1956 and the Opposite Party No.1(one) is appointed by the Opposite Party No.2(two) for smooth supply of L.P.G. Cylinder to its consumer in the town of Bargarh. The Complainant is a consumer vide Consumer No. 606871 under the Opposite Parties having been supplied by a consumer book/card No. 540 by the Opposite Parties to make entry of date, refill order number with expected date of delivery cash memo number delivery date. But the Opposite Party No.1(one) did not mentioned the expected date of delivery and cash memo number on every booking.<br /> <br /> The Complainant alleges that, the Complainant wanted to book a refill cylinder over phone to the Opposite Party No.1(one) on Dt.24/11/2008 but he did not receive the phone call. The Complainant requested the Opposite Party No.1(one) on several time but lastly on Dt.25/11/2008 for issue of a second cylinder which was refused, stating that “standing order of the company (Opposite Party No.2) is not to issue the second cylinder to the consumer”.<br /> <br /> Further alleges that the Complainant has booked for a refill cylinder vide order No. 458 on Dt.03/04/2009 but till date the Opposite Party No.1(one) has not made delivery of the refill cylinder at the house of the Complainant. On Dt. 10/04/2009 the Complainant requested to send the refill cylinder, but the Opposite Party No.1(one) denied to give cylinder to the Complainant.<br /> <br /> As there is no any provision or guide lines of the Company to affix xerox copy of voter identity card on the face of the consumer card still, on the demand of Opposite Party No.1(one), he affixed xerox copy of his driving license, but the Opposite Party No.1(one) is not satisfied with this. The Opposite Party No.1(one) has no authority to ask further submission of voter identity card and other documents. Such act and conduct of the Opposite Party No.1(one) is nothing but to harass the Complainant. The Opposite Party No.1(one) is intentionally not supplying the refill cylinder at the house of the Complainant is amounts to deficiency in service by the Opposite Parties.<br /> <br /> Alleging deficiency in service by the Opposite Parties, the Complainant filed the case against the Opposite Parties and claims Rs. 50,000/-(Rupees fifty thousand)only for damages, Rs.5,000/-(Rupees five thousand)only towards litigation expenses, and for a direction to the Opposite Party No.1(one) to make immediate supply of L.P.G. Gas cylinder to the house of the Complainant with in three days from the date of booking, when the booking is made either by phone or personally at the office of Opposite Party No.1(one) and with other claim as per the complaint petition.<br /> <br /> Notice was duly served on the Opposite Parties. But the Opposite Party No.2(two) did not appeared in the Forum to contest the allegation made against it. Hence the Opposite Party No.2(two) set ex-parte.<br /> <br /> In its version the Opposite Party No.1(one) denied all the allegation made by the Complainant and to have cause any deficiency in service towards the Complainant. The Opposite Party No.1(one) contend that, the name of the Complainant is enlisted in the pending application of issuance of second cylinder before the company Opposite Party No.2(two) and when he will be illegible as per his serial number, the second cylinder will be provided to the Complainant. For abandoned caution and to stop black marketing of L.P.G. the Opposite Parties always request the bonafide consumer to affix the voter identity card on the face of the Gas Card.<br /> <br /> The Opposite Party has not shown any deficiency in service nor harassed the Complainant at any point of time and prays for dismissal of the case.<br /> <br /> Perused the complaint petition, Opposite Parties's version as well as the copy of documents filed by the Parties and find as follows:-<br /> <br /> The Complainant's case against the Opposite Parties is for non-delivery of refilled L.P.G. Gas cylinder at the house of the Complainant booked on Dt.03/04/2009 vide order No.458 though the Opposite Party No.1(one) had taken charges for door delivery and for issuance of a second cylinder by the Opposite Party No.1(one). As per the version, the Opposite Party No.1(one) had already supplied the refill cylinder at the house of the Complainant and also assured to give the second cylinder as per his serial number which is pending before the Opposite Party No.2(two). The Advocate for the Parties also submits that the Parties have settle the claim between themselves out side the court. The Complainant does not want any claim from the Opposite Parties in regards to their present dispute.<br /> <br /> However, since supply of refill Gas cylinder are most essential service to its consumer and the same uses in day to day life of a consumer, the Opposite Parties are directed to make supply the refill Gas cylinder by home delivery without harassing the Complainant/Consumer regularly to avoid further litigation.<br /> <br /> In view of above fact and circumstances of the case, the case is disposed of.<br /> <br /> Accordingly complaint disposed of.<br /> No cost/compensation.<br />