Kerala

Kottayam

CC/08/171

Vijayan V. K - Complainant(s)

Versus

Prop, Amma Gas Agencies - Opp.Party(s)

30 Sep 2008

ORDER


Report
CDRF, Collectorate
consumer case(CC) No. CC/08/171

Vijayan V. K
...........Appellant(s)

Vs.

Prop, Amma Gas Agencies
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

O R D E R smt.Bindhu M.Thomas, Member. The Petitioner's case is as follows: The petitioner took gas connection from the opposite parties on 28.3.2008 and he got cylinder, gas, regulator and connection pipe on the same day. The opposite party received Rs.3008/- and promised to give the bill and book on 8.4.2008. Then the petitioner saw a bill of Rs.1700 dated 22.1.2008 for which his neighbour got gas connection from another agency. On enquiry the opposite party said it was the old price and explained that due to hike in price they received Rs.3008/-. As per the say of opposite party the petitioner approached them on 8.4.2008 and they asked him to come on 15.4.2008. On 15.4.2008 he got a book on which only Rs.950/- was enclosed. The oppoite party refused the petitioner's demand for bill. Further the petitioner sent a letter dated 7.5.2008 to the opposite party demanding the balance amount and bill. But the opposite party failed to send a reply. Hence the petitioner filed the petition -2- claiming the balance amount, bill, compensation and cost. The opposite party entered appearance but failed to file any version. Hence opposite party was set expartee. Points for consideration are: (i) Whether there is any deficiency in service unfair trade practice on the part of opposite partee. (ii) Reliefs and costs. Evidence consists of affidavit of the petitioner. Point No.1. As the opposite party failed to adduce any evidence, we are constrained to rely upon the evidence adduced by the petitioner. Eventhough no documentary evidence is placed on record from the part of the petitioner, we rely on his averments. The petitioner averred that his neighbour got gas connection from another agency for Rs.1700/- on 22.1.2008 whereas he got gas connection from the opposite parties for Rs.3008/- on 28.3.2008. The petitioner further averred that on demand of the bill and book the op posite party gave a book in which Rs.950/- was entered and refused to give the bill. Due to the absence of any evidence from the part of opposite party, the averments of the petitioner remain unchallenged. The act of the opposite party in not giving bill for the exactly paid price and receiving excess money for -3- the gas connection amounts to unfair trade practice and deficiency in service. Point No.1 is found accordingly. Point No.2. In view of the findings in point No.1, the petitioner is allowed. The opposite party is ordered to pay Rs.1500/- as cost and compensation. The opposite party shall comply the order with within 30 days of receipt of this order. Appendix. Documents of petitioner. Nil. Documents of the opposite party. Nil.