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Arun Padhi filed a consumer case on 13 Jan 2021 against Proprietor M/s Maa Majhi Gouri Indance Gas Agency in the Rayagada Consumer Court. The case no is CC/133/2018 and the judgment uploaded on 29 Jan 2021.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RAYAGADA,
STATE: ODISHA. PIN No. 765 001.
C.C. Case No. 133 / 2018. Date. 30 . 12 . 2020.
P R E S E N T .
Sri Gadadhara Sahu, President
Smt. Padmalaya Mishra,. Member
Sri Arun Padhi, S/O: Radha Shyam Padhi , Rohit Colony, Palli street, Po/Dist: Rayagada, State:Odisha, pin No. 765 001. … Complainant.
Versus.
The Proprietor of M/S. Maa Majhigouri Indana Gas Agency, M.I. office lane ,Chekkaguda road, Rayagada. …Opposite party.
Counsel for the parties:
For the complainant: - Self..
For the O.Ps :- Set exparte.
J u d g e m e n t.
The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against afore mentioned O.Ps for non credit of subsidy amount in S.B. account of the complainant towards supply of Indana Gas Cylinder. On being noticed the O.Ps neither entering in to appear before the forum nor filed their written version inspite of more than 10 adjournments has been given to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps. Observing lapses of around 1 year for which the objectives of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant. Hence after hearing the counsel for the complainant set the case exparte against the O.Ps. The action of the O.Ps is against the principles of natural justice as envisaged in the Act. Hence the O.Ps were set exparte as the statutory period for filing of written version was over to close the case with in the time frame permitted by the C.P. Act.
We therefore constrained to proceed to dispose of the case, on its merit.
Heard from thelearned counsel for the complainant. We perused the complaint petition and the document filed by the complainant.
FINDINGS.
Undisputedly the complainant is a consumer under the O.Ps bearing No.100000558616058 Dt.10.8.2016 and has been receiving the Gas cylinder refilling every month from the O.Ps.(copies of the bond is in the file which is marked as Annexure-I).
The main grievance of the complainant was that he was received the subsidy amount from the O.Ps through his S.B. account. But from 16.10.2018 the complainant was not received the subsidy amount from the O.Ps. Hence this C.C. case.
The OPs despite receiving notice from this forum are failed to render service to the complainant, which amounts to deficiency in service on the part of the OP. as provisions laid down in the C.P. Act.
During the course of exparte hearing the complainant put forth the bond issued by the O.Ps and receipt of refill cylinder received from the O.Ps.
Coming to the merits of the case the complainant is a consumer under the O.Ps and he is entitled the subsidy amount from the O.Ps after refilling the cylinder
On perusal of the record we observed that the complainant made several complaints with the O.Ps pointing out non receipt of subsidy amount from the O.Ps the very beginning which was intimated by the complainant. Further we observed that on repeated complaints made by the complainant to the O.Ps were not credited the subsidy amount in the account of the complainant.
In view of the above discussion relating to the above case and In Res-IPSA-Loquiture as well as in the light of the settled legal position discussed as above referring citations the plea of the O.Ps to avoid the claim which is Aliane Juris. Hence we allow the above complaint petition in part.
Hence to meet the ends of justice, the following order is passed
. ORDER
In resultant the complaint is allowed in part on exparte.
The O.P is directed to credit the subsidy amount in the S.B. account of the complainant towards refilling of Indana Gas Cylinder from the date of supply of refill gas cylinder till date . Parties are left to bear their own cost.
Pronounced in open forum today on this 30th day of December, 2020 under the seal and signature of this Commission. Supply the copy of order free of cost to the parties.
Member. President
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