DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 16th day of July 2016
Present : Smt.Shiny.P.R, President
: Smt.Suma.K.P, Member
: Sri. V.P.Anantha Narayanan, Member Date of Filing : 04/04/2016
CC/48/2016
K.V.Krishnankutty, : Complainant
S/o.Madhavaikutty Varasyar,
Kanthalloor Variyam,
Sreekrishnapuram Post,
Ottapalam Taluk - 679 513
Palakkad
(By Adv.K.K.Sreenivasan)
Vs
M/s.Surendra Indane Gas Agency,
Sreekrishnapuram,
Sreekrishnapuram Post,
Ottapalam Taluk,
Palakkad – 679 513 : Opposite party
(By Adv.S.Vinod)
O R D E R
By Smt.Shiny.P.R, President
Complainant has a domestic gas connection with opposite party and his consumer No. is 4002. Complainant was regularly booking gas, but opposite party did not supply the gas to the complainant properly. Complainant submitted that only after filing complaint to the higher authority, opposite party supplied the gas to the complainant. This practice was continued for a long time.
On 24.07.2014 as per booking No.205236, complainant has booked gas, but not supplied. Then on 10.09.2014 complaint was filed by complainant and on 11/09/2014 gas was supplied.
On 24/09/2014 as per booking No.216589, complainant has booked for gas, but not supplied. Then on 23/10/2014 complaint was filed by the complainant and on 24/10/2014 gas was supplied. On 15/11/2014 as per booking No.225402, complainant has booked for gas, but not supplied. Then on 1/12/2014 complaint was filed by the complainant and on 02/12/2014 gas was supplied.
On 18/01/2015 as per booking No.236835, complainant had booked for gas and supplied only on 10/03/2015. On 31/07/2015 and 19/09/2015 complainant has booked for gas, but not supplied. A message received from the opposite party stating that booking is cancelled. No reasons were shown.
Opposite party is not supplying the gas to the customers considering the seniority of the booking. Opposite party is supplying the gas as per their whims and fancies. They are not following any procedures, rules or regulations of the Indian Oil Corporation for supplying the gas to its customer. Complainant further submitted that from the enquiry, he understood that, opposite party sold the gas for extra money to their interested customers. This irregular supply of gas caused much mental agony and financial loss to the complainant.
Complainant filed complaint before the Chairman IOC on 18/5/2015. But no reply was sent so far and no actions were taken so far. The act of opposite party caused much losses and damages to the complainant. Hence, complainant prays for an order directing opposite party to pay Rs.50,000/- with 12% interest to the complainant and allow such other reliefs which are deemed fit and proper in the interest of justice.
Complaint was admitted and notice was issued. After receiving the notice, opposite party filed vakkalath. But no version was filed.
Evidence adduced by the complainant consists of his chief affidavit and Ext.A1 series to A4 series.
The following issues are taken into consideration
- Whether there is any deficiency in service on the part of opposite party?
- If so what is the relief?
Issues 1 and 2
We have perused the documents filed before the Forum. Documents filed before the forum revealed the fact that there were some delay in supplying the gas cylinders which were booked on 24-7-2014 and 24-9-2014 to the complainant. Complainant also submitted that bookings on the dates of 31-7-2015 and 19-9-2015 were cancelled without any reason. Inordinate delay in supplying of gas cylinder and cancellation of gas booking without any reason amount to deficiency in service on the part of opposite party. These acts of opposite party will definitely cause mental agony and financial loss to the complainant. Hence the opposite party has the liability to pay the compensation to the complainant for their deficient service. As the opposite party did not adduce any evidence, the evidence tendered by the complainant stands unchallenged.
In the light of the above discussions, we are of the view that there is deficiency in service on the part of opposite party. Hence we direct opposite party to pay Rs.4000/- (Rupees Four thousand only) towards compensation for mental agony along with cost of Rs.1500/- (Rupees One thousand five hundred only) to the complainant.
Order shall be complied with within a period of one month from the date of receipt of the order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 16th day of July 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Ananatha Narayanan
Member
Witness examined on the side of complainant
Ext.A1series – Photocopy of letter dated 18/5/15 issued by the complainant to
Chairman, IOC with postal receipt and acknowledgement card
Ext.A2 series – Photocopy of letter dated 24/2/2015issued by the complainant to
Chairman, IOC with postal receipt and acknowledgement card
Ext.A3 (1) & (2) series – Photocopy of letter dated 28/3/2016 issued by complainant to
the Surendra Indane, Sreekrishnapuram alongwith
acknowledgement card and postal receipt
Ext.A4 (1) and (2) - Photocopy of letter dated 11/5/2016 issued by complainant to
The Surendra Indane, Sreekrishnapuram alongwith
acknowledgement card and postal receipt
Forwarded by/By order
Senior Superintendent
