IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 18.03.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine.D. (Member)
in
C.C.No.85/2015
between
Complainant:- Opposite Party:-
Sri. Sibimon P.C. M/s. Vallakkalil Gas Agency
Kamala Nivas Bharath Gas Distributors
Iron Bridge P.O. Chudukad, Thiruvampady P.O.
Alappuzha – 688 011 Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is a domestic gas consumer of the opposite party with Consumer No.7323. Complainant, as usual booked for domestic gas on 26.9.2013 and the booking No. is 75759528. The gas was delivered to the complainant only on 19.5.2014. The delay in delivery of the gas cylinder caused unbearable hardships to the complainant. Complainant depended hotels for his food during the said period and Rs.60,000/- incurred towards additional expenses. Hence the complaint is filed.
2. Notice issued against the opposite party was served. But they did not turn up. Hence the opposite party was set ex-parte.
3. Complainant filed proof affidavit along with 4 documents produced and marked as Exts.A1 to A4.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get relief and cost?
5. According to the complainant, he had booked for domestic gas supplied by the opposite party on 26.9.2013. But the opposite party delivered the gas cylinder to the complainant on 19.5.2014. In order to substantiate the allegations, complainant produced the copy of the customer card which marked as Ext.A4. Ext.A4 shows that complainant had booked the gas on 26.9.2013 with booking No. is 75759528 and it was delivered on 19.5.2014. According to the complainant the delay in delivering the gas cylinder caused unbearable hardships to him. But it was not proved by adducing evidence. The allegations in the complaint remain unchallenged. Even though several opportunities granted to the opposite party for filing version, they did not turn up. From the evidence produced by the complainant, we are of opinion that the opposite party committed inordinate delay in delivering the domestic gas to the complainant. Certainly it will cause much hardship to the complainant and it is to be compensated by the opposite party. The inordinate delay in delivering the cooking gas to the complainant amounts to deficiency in service on the part of the opposite party. Hence the complaint is allowed.
In the result, complaint is allowed. The opposite party is directed to pay Rs.3,000/- (Rupees three thousand only) towards compensation and costs to the complainant within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 30th day of September, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the notice
Ext.A2 - Postal receipt
Ext.A3 - Acknowledgement card
Ext.A4 - Copy of the customer card
// True Copy //
By Order
Senior Superintendent
Typed by: - pr/-
Compared by:-
