DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 12^th day of May, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.21/2008

Sreedharan,

Thalekkara,

S/o.Kumaran

P.O.Eravakkadu, Kapur,

Ottapalam Taluk,

Palakkad. - Complainant

(Party in person)

Vs

Noushad,

S/o.Muhammedali,

Karuthuthurakkaparambil,

Marayamkunnu,

P.O.Eravakkad 679552, Kapur

M.G.Gas Agency,

Edappal Road,

Padinjarangadi. - Opposite party

(By Adv.U.Muhammed Musthafa)

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant got LPG connection through the opposite party. The opposite party is a sub agent of Thrissur Gas Agency. The opposite party received a sum of Rs.3,200/- from the complainant with a promise that he would supply two gas cylinders and a double furnace stove. But the opposite party supplied only one cylinder. The opposite party failed to supply the LPG in time. Due to the act of the opposite party, complainant suffered a loss of Rs.30,000/-. Though the complainant sent a notice to the opposite party on 9.12.07, the opposite party has not sent any reply. Hence complainant filed this complaint seeking an order directing the opposite party to pay an amount of Rs.30,000/- as compensation and reasonable cost.

After admitting the complaint notice was issued to the opposite party for appearance. The opposite party appeared through the counsel and version was filed. The

following contentions are stated in the version. Allegation of the complainant that the opposite party is the sub agent of Thrissur Gas Agency is false. The opposite party submitted that the complainant is bad for non joinder of necessary parties. Complainant has not taken any steps to implead Hindustan Petroleum Corporation and their authorised agent Thrissur Gas Agency to substantiate his claim. Further the opposite party stated that the complaint is not filed within the period of limitation. The documents marked by the complainant itself shows that he is entitled for only one cylinder and he received two cylinders from the Thrissur Gas Agency. Hence the opposite party prays that the complaint be dismissed with costs.

Complainant filed proof affidavit along with documents. Marked as Ext.A1 to A8. The opposite party also filed affidavit. Complainant was cross examined. Matter was heard.

Issues for consideration are;

1. Whether the complaint is bad for non joinder of necessary party?

2. Whether the complaint is barred by limitation?

3. Whether there is any deficiency of service on the part of opposite party?

4. If so, what is relief and cost?

Issue No.1: According to the complainant, he received gas cylinder from the opposite party only. The grievance of the complainant is that opposite party has not delivered the 2^nd cylinder even though it was allotted to him. Complainant is alleging deficiency of service on the part of the opposite party alone. Further Consumer Protection Act being a benevolent legislation is not bound by trivial technicalities. Hence the point is answered in favour of the complainant.

Issue No.2: Opposite party has raised a contention that the complaint is barred by limitation. According to the complainant, opposite party used to supply one cylinder and whenever he enquired about the 2^nd one opposite party promises to supply it at the earliest. Hence even though connection was allotted in the year 2002, he was under the impression that the 2^nd cylinder will be supplied at the earliest. Complainant has issued a registered notice dt.9/12/07 to the opposite party stating his grievance. Opposite party sent no reply. Thereafter complaint was filed on 7/12/08. We are of the view that complaint is filed within the period of limitation. Hence we are of the view that the complaint was filed within time.

Issue Nos.3 & 4: The definite case of the complainant is that though two gas cylinders were allotted to the complainant, opposite party who is the sub agent of the authorised agent of Hindustan Petroleum Corporation has not delivered the second cylinder to him. Complainant has issued a registered notice in this regard to the opposite party. As per the contention of the opposite party, he has no connection with the Thrissur Gas Agency or Hindustan Petroleum Corporation and he has not supplied any gas cylinder to the complainant. We are of the view that the contention of the opposite party is devoid of any merit. If the contention is true, any prudent man would have responded to the letter issued by the complainant. Further opposite party has received the notice issued by the forum wherein in the address portion, the name of the gas agency is also mentioned. Opposite party without any objection has received the same.

In view of the above circumstances, we are of the view that complaint be allowed. We direct the opposite party to pay an amount of Rs.5,000/- (Rupees Five thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost to the complainant. Order shall be complied within one month from the date of communication of order failing which the whole amount shall carry interest at the rate of 9% per annum.

Pronounced in the open court on this 12^th day of May, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Complainant was cross examined

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Copy of notice dt.9/12/07 sent by complainant to opposite party

Ext.A2 – Acknowledgement card

Ext.A3 – Pass book

Ext.A4 – Copy of telephone directory

Ext.A5 – Photo copy of pass book

Ext.A6 - Photo copy of pass book

Ext.A7 – Photo copy of pass book

Ext.A8 – Photo copy of Subscription voucher

Exhibits marked on the side of opposite party

Nil

Costs (Allowed)

Rs.500/- (Rupees Five hundred only)