BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 26/09/2011

Date of Order : 29/02/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 511/2011

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The complainant availed a domestic L.P.G. connection from the 1^st opposite party. The 2^nd opposite party is the manufacturer of L.P.G. The facts being so, the 2^nd opposite party introduced online system for booking the refilling of the gas cylinders and other related process. The online booking system introduced by the 2^nd opposite party is by way of 3 SMS. After the booking by the customer, the 2^nd opposite party would sent an SMS to the customer intimating the booking. The 2^nd one is to intimate the customer regarding the delivery of the gas cylinder and the 3^rd is to intimate delivery of the same. The 1^st opposite party is liable to deliver the gas cylinder with an immediate effect after the 2^nd SMS. However, during the last 3 occasions, the 1^st opposite party delivered the gas cylinders to the complainant only after 7 to 8 days of the 3^rd SMS. On enquiry by the complainant, it is revealed that the 1^st opposite party is willfully delaying the delivery of the gas cylinders to the complainant for reasons of his own. Since the supply of the gas cylinders has become irregular and erratic, the complainant and the family has been put to irreparable mental agony due to unnecessary daily expenses therefore. Thus, the complainant having no go is before us with the following prayers:-

1. To direct the 1^st opposite party to deliver the refill gas cylinder within a reasonable time after the 2^nd SMS but at any cost before the 3^rd SMS.

2. To direct the 1^st opposite party to issue the bill properly after the delivery of the refilled gas cylinder after endorsing the date of delivery in the pass book of the complainant.

3. To direct the 2^nd opposite party to issue necessary instructions to the 1^st opposite party to display the procedures of the refill gas cylinder booking and delivery procedures at the office of the 1^st opposite party.

4. To direct the 1^st opposite party to pay Rs. 5,000/- by way of compensation to the complainant.

2. In spite of service of notice from this Forum, the opposite parties opted not to contest the matter for their own reasons. Proof affidavit has been filed by the complainant. Heard the learned counsel for the complainant.

3. The points that came up for consideration are :

1. Whether the complainant is entitled to get the delivery of the refilled gas cylinder after the 2^nd SMS and before the 3^rd SMS?

2. Whether the 1^st opposite party is liable to issue a bill for the refilled gas cylinder and to endorse the date of delivery in the pass book of the complainant?

3. Whether the 1^st opposite party is liable to exhibit the procedure of refill booking and delivery in their premises?

4. Whether the complainant is entitled to get a compensation of Rs. 5,000/- to the complainant?

4. Point No. i. :- According to the complainant, the 2^nd opposite party had newly introduced an online booking system to book for refill gas cylinders. However, it is stated that the 1^st opposite party dealer is not following the procedure in the booking system. It is pertinent to note that none of the opposite parties appeared or filed their objections against the contentions raised by the complainant. So, we are only of the view that the 1^st opposite party is legally liable to follow the online booking system introduced by the 2^nd opposite party for failure of which the 1^st opposite party is answerable. Therefore, the complainant is entitled to get the delivery of the refilled gas cylinder prior to the 3^rd SMS within time. Thus, the point is answered accordingly.

5. Point No. ii. :- The 1^st opposite party dealer is contractually and since legally liable to issue a bill to the complainant at the time of the delivery of the refilled gas cylinder and while accepting the price of the refilled gas cylinder and endorse the date of delivery in the pass book of the complainant failure of which calls for non-adherence of the findings of this Forum.

6. Point No. iii. :- A consumer is entitled to know the procedure for the refill booking and delivery of the gas cylinder However, the complainant was failed for some information due to the conduct of the 1^st opposite party which for their absence has not been answered. Legally, non-appearance or non-controvertion amounts to acceptance of responsibility herein which they have failed squarely. So the 1^st opposite party is legally liable to exhibit the procedure of booking of refilled gas cylinder and the details of delivery prominently in conspicuous manner at the premises of the 1^st opposite party.

7. Point No. iv. :- The complainant vehemently contended that she had to suffer a lot of inconvenience, monitory expense and mental agony due to the delay in delivery of the gas cylinder that too after the 3^rd SMS of the 2^nd opposite party which the 1^st opposite party does not dispute or controvert. If a consumer were to be way laid for no fault of his in this land the rule of law cannot prevail, such a similar situation is before us which essentially calls for compensation. We fix an exemplary compensation of Rs. 1,000/- which we feel could meet the ends of justice in this case.

8. In the result, we partly allow the complaint and direct as follows :-

1. The 1^st opposite party shall hereafter deliver the refilled gas cylinder to the complainant prior to the 3^rd SMS that is send by the 2^nd opposite party after the delivery of the refilled gas cylinder in order to a void such further complaints..

2. The 1^st opposite party shall hereafter issue a proper receipt to the consumer at the time of delivery of refilled gas cylinder and receipt of the price refilled gas cylinder and endorse the date of delivery in the pass book of the consumer on every occasions.

3. The 1^st opposite party shall also display the procedure of booking of refill gas cylinder and delivery in a conspicuous place of the office of the 1^st opposite party.

4. The 1^st opposite party shall pay a compensatory compensation of Rs. 1,000/- to the complainant for the reasons stated above together with interest at the rate of 12% p.a. form the date fixed for compliance of this order till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 29^th day of February 2012.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.