JUDGMENT : DT.25.5.2016

            This is a complaint made by one Sri Tarakeswar Dubey against Shreeji Enterprise, Indane Distributor, having its office at 81/A, S. P. Mukherjee Road, P.S.- Tollygunge, praying for compensation for the mental agony and harassment and litigation cost of Rs.10,000/-.

            Facts in brief are that Complainant is a consumer of L.P.G.  Indane Gas. Shreeji Enterprise is an Indane Distributer. The customer No. Of the Complainant is 12220. Complainant booked to refill his LPG cylinder on 28.9.2014, over phone . The booking No. Is 434761 and it was received through SMS. Further, Complainant received a message that Cash Memo has been generated. Thereafter, Complainant received another SMS that cylinder has been delivered.  But the cylinder was not actually delivered. After that Complainant visited the office of the distributor and wrote a letter to the OP requesting him to refill the  LPG cylinder within 24 hours. On 11.11.2014 i.e. after two days the cylinder was delivered at the Complainants house. Thereafter, it was found that the cylinder was leaking. This fact, the Complainant informed.

            So, due to above act of opposite party Complainant suffered mental agony and got harassed.

            On the basis of above facts, the case was admitted and notices were served. But despite serving of the notices OP did not take any step and the case was fixed for ex-parte hearing. Complainant filed affidavit-in-chief stating the facts mentioned in the complaint.

            Main point for determination is whether the Complainant is entitled to the reliefs as prayed for.

            First prayer of the Complainant is compensation for mental agony and harassment. There is no detail description as to how the Complainant suffered mental agony and how he was harassed. Second prayer is that due to leakage of gas he was harassed. However, there is no material that Complainant suffered any injury as a result of such leakage. Furthermore, copy of the message which Complainant received has not been filed. Only a copy of the letter has been filed which Complainant issued to the opposite party. Complainant has claimed litigation cost of Rs.10,000/-. There is no material to award compensation of Rs.10,000/- as because Complainant has not mentioned manner and mode of mental agony and harassment suffered by him.

Hence

O R D E R E D

            CC/72/2016 and the same is dismissed ex-parte.