Kerala

Kasaragod

CC/12/107

M.Thankarajan - Complainant(s)

Versus

Proprietor, Fine Flames - Opp.Party(s)

04 Jul 2012

ORDER

 
Complaint Case No. CC/12/107
 
1. M.Thankarajan
S/o.Kannan, Mamuni Veedu, Kodakkad Valiyapoil, Po.Olat, 671310
Kasaragod
Kerala
...........Complainant(s)
Versus
1. Proprietor, Fine Flames
Bharath Gas Agency, Cheruvathur. 671313
Kasaragod
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. K.T.Sidhiq PRESIDENT
 HONORABLE P.Ramadevi Member
 HONABLE MRS. Beena.K.G. MEMBER
 
PRESENT:
 
ORDER

                                                                            Date of filing   :  16-04-2012 

                                                                            Date of order  :   26 -06-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.107/2012

                         Dated this, the   26th   day of   June  2012

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT. K.G.BEENA                                        : MEMBER

 

M.Thankarajan, S/o.Kannan,                       } Complainant

Mamuni Veedu, Kodakkad,

Valiyapoil, Olat. Po. 671310

Kasaragod.Dt.

(In person)

 

Proprietor,                                                      } Opposite party

Fine Flames,

Bharath Gas Distributor,

Cheruvathur. 671313.

(In person)

                                                                        O R D E R  

SMT.K.G.BEENA, MEMBER

            Bereft of unnecessaries, the case of the complainant Sri.M.Thankarajan is that opposite party refused to give gas connection to him after sending intimation letter to him to receive gas connection within 20 days from 30-12-2011.  But whenever the complainant approached opposite party with money to take gas connection thereafter  opposite party refused to give connection. Hence the complaint for necessary redressal.

2.         Opposite party filed version stating that he had availed only limited number of connection cylinders from the company which was not sufficient to distribute among applied persons.  On 10-05-2012 opposite party availed sufficient cylinders, which was informed to the complainant through phone.  But he was not ready to accept connection as he had already given a complaint in consumer Forum. Even now opposite party is ready to provide gas connection to the complainant.

3.         Complainant examined as PW1.  Exts.A1 & A2 marked.  Complainant heard.

4.         Complainant deposed that opposite party refused to give gas connection to him complainant applied for gas connection on 25-08-2011 and the register number of the application is 10061.  Opposite party sent Ext.A1   letter on 30-12-2011  to the complainant intimating him to take the connection within 20 days from the date of receipt of the letter.   Complainant is a fish merchant. There is scarcity of fire-wood in his area.  Therefore  he pledged his wife’s gold and collected money for taking gas connection.  But when he approached within the stipulated time opposite party for taking gas connection opposite party refused to give connection.  Thereafter many times he approached them but they were not ready to provide connection to him. Fed up with the approach of opposite party complainant had given a complaint to the Chief Minister i.e. Ext.A2 yet there is no result.

5.         The complainant regarding the deficiency in service and unfair trade practices against gas agencies are wide spread.  This complaint is one of the best  example of such unfair trade practice as defined 2(1)(r) of the Consumer Protection Act and Section 3 of the Essential Commodities Act.

6.         Hence opposite party is liable to compensate the complainant for the loss, hardships and mental agony suffered by him.  Opposite party admitted that they had already provide connection to those who had registered after this complainant. 

            Therefore the complaint is allowed and opposite party is directed to provide gas connection to the complainant with a compensation of `3000/-for the loss, hardships and mental agony suffered by him within 30 days from the date of receipt of copy of this order.    Opposite party further directed to refrain from this type of unfair trade practice and any complaints in future about   such unfair  trade practice will be dealt severely.   

 

MEMBER                                                       MEMBER                                           PRESIDENT

Exts.

A1. letter sent by OP to complainant.

A2. letter sent by complainant to Chief Minister.

PW1. Thankarajan.

 

 

 

MEMBER                                                   MEMBER                                    PRESIDENT

 

           

Pj/

 

 
 
[HON'ABLE MR. K.T.Sidhiq]
PRESIDENT
 
[HONORABLE P.Ramadevi]
Member
 
[HONABLE MRS. Beena.K.G.]
MEMBER

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