PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-142/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Prasanta Kumar Panigrahi,

S/O-Late SarbeswarPanigrahi,

R/O-Adarsh Nagar, Near HLO Colony, PS-Town,

PO/Dist-Sambalpur-768001, Odisha.                             ….…......Complainant.

                                    -Vrs.-

Proprietor,

MaaTarini Gas Enterprises,

At-Dhuchurapara, G.M. College Road,

PO/Dist-Sambalpur-768001.                                 ………........Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :-Sri. S.K. Tripathy & Associates

Date of Filing:19.04.2024,  Date of Hearing :15.07.2024  Date of Judgement : 27.08.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is a consumer of the OP. The Complainant has only one cylinder and since 2015 the OP is supplying subsidized domestic refill cylinder regularly after receiving order of refill booking. This time the Complainant booked on 25.03.2024 for refill booking and it was confirmed by the SMS based refill booking system. After 7 days of booking the Complainant tried to give Complaint to the OP over phone as the refill cylinder has not been delivered since last 7 days, but nobody received the phone call from the office of the OP. On 4^th April, the Complainant went to the office of the OP and reported about the non delivery of refill cylinder but the staff of the OP told the Complainant that previous booking has been cancelled by the system and it was again automatically booked on 02.04.2024. The staff of the OP assured the Complainant to send one refill cylinder on 05.04.2024 but did not deliver the refill cylinder on that date. Again on 13.04.2024, the Complainant went to the office of the OP to deliver one refill cylinder immediately but till 19.04.2024 the OP has not delivered the refill cylinder to the Complainant. Due to non supply of gas cylinder the Complainant is suffering a lot to cook food for his family. Since last one month the Complainant is suffering from harassment and mental agony.
2. The Written Version of the OP is that this OP is simply distributor of gas cylinder. This OP has neither any role in booking the gas cylinder vide online mode confirming delivery of gas by sending messages. The entire message part is done by HP Gas services at corporate office. The H.P Gas services have not provided lot of gas cylinder with the list confirmed. There was shortage of gas cylinder and as such this enterprises use to deliver gas on serial basis. The supply person of M/S Tarini Gas Enterprises supplied gas on serial basis after receiving message from the corporate office. During this period the supply person of that area Pradeep Kumar Rana was suffering from jaundice and as such advised by the doctor to take rest. As there is heavy burden of distribution this Enterprises some time supply cylinder on the next day. There is a limited employee of two to three persons to deliver gas cylinder. But the type of allegation alleged in the petition never happened at any time. This enterprise has not defaulted in rendering services willfully or intentionally. The supply person physically constrained to deliver gas cylinder. For non supply of gas cylinder in time if any inconvenience caused to the petitioner, this OP regret before its consumer with folded hand and sympathetic to the mental agony and suffer. This OP has already supplied gas cylinder to the petitioner on 23.04.2024. In absence of HP Gas to be added as a party, the petitioner is bad for non joinder of necessary party. Hence the petition is liable to be rejected.
3. After perusing the case record and evidences, it is observed that the OP did not deliver the gas cylinder for about one month after booking the gas cylinder for which the Complainant suffered from harassment and mental agony. Today LPG gas stands as one of the most reliable energy fuels for residential and it is very essential for cooking. Distributors are responsible for goods/services to be distributed to the next party in the supply chain in time. Not appointed adequate staff for supplying gas in time is also deficiency in service. Accordingly it is ordered.

                                      ORDER

The O.P is directed to pay an amount of Rs. 15,000/- towards physical strain and mental agony suffered by the Complainant as compensation to the Complainant within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 27^th day of Aug, 2024.

Free copies of this order to the parties are supplied.