Orissa

Jajapur

CC/12/2015

Sumitra Dei - Complainant(s)

Versus

M/S Sabitri Bharat Gas,Jajpur - Opp.Party(s)

20 May 2015

ORDER

  IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present: 1. Shri Pitabas Mohanty,Presiding Member.                                                                                

                                                                        2.Miss Smita Ray, Lady Member.

                                         Dated the 20th day of Mayr,2015.

                                       C.C.Case No.12 of 2015.

Sumitra Dei, W/O Late Narendra Kumar Sahoo

Bharat Gas Consumer No.52386211(10000000052386211)

At/P.O. Kabatbandha , P.S. Jenapur

Dist.Jajpur.                                                                                     …… ……....Complainant .                                                                       .

                   (Versus)

1., M/S Sabitri Bharat Gas,Jajpur ,Danagadi,Jajpur Road. Dist. Jajpur.

2. Area Marketing Manager, Bharat Petrolium Corporation Ltd, Alok Bharati

    Complex, Sahid Nagar, Bhubneswar, .                                                                                                                                                                                                                             

                                                                                                        …………………..Opp.Parties.

For the Complainant:                       Self.

For the Opp.Parties No.1                Sri S. Panda , Advocate.

For the Opp.Parties No.2                     None.                                                                         

                                                                                      Date of order:   20.05.2015.

SHRI  PITABAS  MOHANTY, PRESIDING  MEMBER .

                        The  complainant has filed the present dispute against the O.P. alleging  deficiency in service due to delay in transfer of LPG Gas connection after surrender of cylinder and all the supportive documents.

                        The facts as stated in the complaint petition are that the petitioner  is an inhabitant at Kabatbandha,Jajpur bearing con consumer No.52386211. The O.Ps. received the requisite amount for supply of Double Gas cylinder to the complainant in November-2011. The O.Ps. supplied only one cylinder along with all accessories  but  fails to supply Double cylinder till November-2012. After filing a complaint petition before the D.C.D.R.F, Jajpur vide C.C. Case No.307/2012, the aforesaid O.P supplied the additional cylinder on 24^th December-2012. Now due to health problem the complainant residing at Kendrapada and applied to transfer of her LPG connection to M/S Baladev Jew H.P. Gas Agency ,Kendrapada. After completion of all formalities connection has not been transferred by O.P no.1 though the matter was brought to the notice of O.P no.2 Area Manager, BPCL, Alok Bharati Complex ,Saheed Nagar, Bhubaneswar but he was also unable to resolve the matter. Accordingly finding no other way the complainant filed the present dispute against the O.ps. with the prayer to direct the O.ps. to transfer the Gas cylinder to M/S Baladev Jew H.P. Gas Agency Kendrapada and pay the security money of Rs..2950/- along with 18% interest of the cost at the double cylinder amount Rs.1250/- and pay Rs.21,000/- towards financial loss ,compensation and litigation charges.

                        There are two O.Ps. in the present dispute. The O.P no.1 appeared through their advocate and filed the written version on dt.26.02.2015.

                        In the written version the O.P no.1 denied all the allegation of the complaint shortly that

1. The complainant is a consumer in the name of Sumitra Dei but the photo identity card and Bank Account is in the name of Sumitra Sahoo.
2. That due to theft of the office articles  by some un known mistrant the  F.I.R was lodged before police out post Danagadi. But the articles was not traced out ,for which there was  delay to complete the transfer process.
3. That the O.P no.1 ready to hand over the transfer documents along with the security money of Rs.3050/- ( two nos. of cylinder and regulator) today through the Fora to the complainant, for which the C.C.Case may be dropped.     

                        In the mean time on the same day the complainant received the transfer receipt and security money with protest.

                        On the date of hearing we heard the argument from the side of the complainant as well as after verification of documents our observations are as follows :-

A.It is not disputed that the complainant is a consumer under the O.Ps. and the complainant applied for transfer her LPG connection  to M/S Baladev Jew  H.P. Gas Agency, Kendrapada .Due to delay in transferred process the present consumer dispute arises.

B. It is also admitted facts as per  written version that the O.P no.1 completed the transfer process of the LPG connection at belated stage and has returned the security money and hand over the transfer receipt after filing of the present dispute so also  during pendency of the dispute. There is delay about 6 months for which the complainant has agitated her complaint and filed copy of the correspondence and e mail copy as well as send notice by speed post to the O.Ps for early re-solve her grievance. In the contest after verification of the notice of the complaint dt.27.11.2014 to O.P no.1 with postal receipt it is cristal clear that the O.P no.1 have received the notice and after receipt of the notice  the O.P no.1 remained  silent. The  plea taken by O.P no.1 regarding the cause of delay is also not tenable in the ye of law. For the ground for the sake of argument if the above plea of the O.P no.1 is accepted then after receipt  the notice what debarred him not to intimate the petitioner  regarding  the cause of delay. But as observed in the present case the O.P.no.1 after receipt of the notice remained silent for which we are inclined to hold there is deficiency in service on the part of the O.Ps. as per observation of the Hon’ble  National Commission reported in 2013(1)-CPR-456(N.C) ,wherein it is held that

                        “ non reply of legal notice may draw adverse inference”

 and Vol-34(1992)-  OJD-104-Odisha-

                        “ Inaction and silence are serious type of deficiency “.

It is also admitted facts that the O.P no.1 has hand over the  LPG Gas transfer  receipts and security money after filing of the present dispute. As such the O.P no.1 is liable to pay compensation and interest as per observation of Hon’ble National Commission and State Commission reported in 2005(111) CPJ-30-N.C -2011 (4)CPR-213,Bihar respectively.

                        For the reason recorded above it is clear that law in the point is conclusively in the complaint favour and consequently the dispute must succeed and hereby allowed.

O R D E R

                         In the net result the dispute is  allowed against the O.P no.1 and dismissed against the O.P no.2. The O.P no.1 is directed to pay Rs.5,000/-( five thousand) to the complainant within one month after receipt of this order. No cost.

      This order is pronounced in the open Forum on this the 20th day of May ,2015. under my hand and seal of the Forum.

                                                                                              

                                                                                                                                         

(Miss Smita Ray)                                                       (Shri Pitabas Mohanty)

Lady Member.                                                                 Presiding  Member.                                                                      

                                                                        Typed to my dictation & corrected by me

                                                                                   

                                                                                       

                                                                                   (Shri Pitabas Mohanty)                                                         

                                                                                     Presiding   Member.