BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. R. SATHI : MEMBER

SMT. LIJU B. NAIR : MEMBER

C.C. No. 27/2013 Filed on 17.01.2013

Dated : 31.08.2013

Complainants:

1. Consumer Vigilance Centre (CVC), Sreekovil, Kodunganoor P.O, Thiruvananthapuram-695 013.

    

2. M. Sukumaran Nair, Thrisandhya, Puthenchantha, Varkala P.O, Thiruvananthapuram-695 141.

Opposite party :

Proprietor, Jaya Gas Agency, Indane (Indian Oil Dealer) Maithanam, Varkala, Thiruvananthapuram- 695 141.

This C.C having been heard on 13.08.2013, the Forum on 31.08.2013 delivered the following:

ORDER

SMT. LIJU B. NAIR: MEMBER

2^nd complainant is the consumer of opposite party with consumer No. 30032. For getting refill cylinder, booking was done on 28.11.2012 with booking No. 247970. On 24.12.2012 opposite party informed the 2^nd complainant through SMS that refill cylinder will be delivered without any delay. Thereafter there was no response from the side of opposite party. When complainant suspects deliberate delay in delivery of refill cylinders, he complained the same before the District Supply Officer, who in turn directed the opposite party to issue refill cylinder immediately. Nothing happened. So the 1^st complainant sent a registered letter dated 07.01.2013 to opposite party, which was acknowledged by the opposite party, but that too in vain. So the 2^nd complainant along with 1^st complainant approached this Forum to redress their grievance.

Notice was sent to the opposite party from this Forum. It was duly acknowledged by the opposite party. No representation. No version or any personal appearance before us. So we proceed exparte.

Points raised for consideration are:-

1. Whether the complainant is eligible for reliefs prayed for ?

2. Compensation and costs.

2^nd complainant filed affidavit along with 3 documents which were marked as Exts. P1 to P3. He was not cross examined. So the affidavit of the complainant stands unchallenged.

Points (i) & (ii):- Complainant filed this petition to get refill cylinder from the opposite party at regular intervals without any delay and prays for compensation for the mental stress he suffered due to the non-delivery of cylinders. The indifferent attitude of the opposite party is evident before us also. After accepting the notice from this Forum, they never appeared, nor filed any version. Gas agencies are allotted by the government for the well being of the citizens. They are the indirect agencies of government through which people get service. After getting an agency, the owners are more concerned about their enrichment only. They forget the fact that they were given agencies to help the millions, who depend on them for their day-to-day affairs in kitchen. Any number of complaints can be heard from a single person if we ask him about his gas agency. The most important and the most common one relates to non-supply of refill cylinders at regular intervals. Petroleum companies and government has to pay more attention to the grievance of the consumers.

In this case, 2^nd complainant approached the agency several times for receiving the booked refill cylinder. He filed complaint before the higher authority also, but even after an order from the higher authority, i.e; District Supply Office, he has to come here for getting a refill cylinder through an interim order from this Forum. This clearly shows the callous, indifferent and arrogant nature of the gas agencies. This has to be put an end. People should come forward against these atrocities. Here the complainant waited for more than two months for getting a refill cylinder. For the mental agony and stress suffered by the complainant, he is eligible for compensation from the opposite party which we fix as Rs. 1,000/-.

In the result, complaint is allowed. Opposite party is hereby direct to issue refill cylinders within the stipulated period after booking, under usual circumstances. Opposite party is directed to pay the 2^nd complainant Rs. 1,000/- as compensation within a month of receipt of this order, failing which execution can be taken. Considering the overall situations, there is no order on cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of August 2013.

Sd/-

LIJU B. NAIR : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

R. SATHI : MEMBER

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C.C. No. 27/2013

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of card serial No. KESO/KL No. 0449424 of gas

agency.

P2 - Copy of letter dated 07.01.2013 issued to opposite party.

P3 - Copy of acknowledgement card.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

Sd/-

PRESIDENT

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