IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /25/2014.
Date of Filing: 24.02.2014. Date of Final Order: 18.04.2016.
Complainant: Smt. Sonali Bhattacharyya, W/O Parimal Chatterjee,
13, Ramlal Mukherjee Lane, P.O.Khagra, P.S. Berhampore, Dist. Murshidabad.
-Vs-
Opposite Party: Proprietor of Joy Buro Ma Gas Distributor, Karbala Road, P.O. Cossimbazar Raj,
P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 for regularization of delivery of gas cylinder to the complainant.
The complainant’s case, in brief, is that the complainant is a consumer under the OP /Proprietor of Jay Buro Ma Gas Distributor being consumer No. 250216. According to the complainant in the last year means 2013 due to irregular delivery and non-delivery of gas cylinder she enjoyed only 6 cylinders instead of 9 cylinders per year. Due to short supply of 3 cylinders, the complainant suffered a lot and afraid of that this type of delayed and or non-supply of gas cylinder will be the c ause of suffering even in the present year. Such act is an example of d efficiency of service on the part of the OP.
Though the complainant several times requested the OP to regularize the supply of gas cylinder, but the OP failed to do that, so the complainant is bound to come to this Forum for proper redressal with a prayer for regularization of delivery of gas cylinders to the complainant along with payment of Rs.100/- only as a compensation by the OP to the complainant.
The OP appeared in this case by filing V-nama but after getting sufficient time he has not been filed any written version. Hence, the case has been taken up for hearing ex parte.
Decision with reason.
The complainant has filed copy of his Ld. Lawyer’s notice, which was sent to the OP before filing this case.
The case being taken up for ex parte hearing, so there is no scope to rebut the evidenced of the complainant.
Relying upon the evidence by the complainant by way of affidavit as to entitlement of gas supply being consumer No. 250216 under the OP, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for delivery of gas cylinder regularly to him by the OP.
From the record, it appears that the complainant mentioned in his complaint that the money involved in this case is only Rs.100/- and no other specific financial compensation. So, we are of the view that the complainant suffered a lot an y compensation cannot be enough, rather he , as a conscience consumer , wants to stop the practice of irregular and /or non-delivery of gas cylinders by the OP and or unfair trade practice , as because he is entitled to get Rs.100/- as he mentioned in the complaint.
Order
Hence, it is ordered that the Consumer Complaint No. 25/2014 be and the same is hereby allowed ex parte without any orders as to cost.
The OP is directed to supply refilled gas cylinders to the complainant as per his requirement and hooking without any delay as per provision.
The OP is further directed to pay Rs.100/- as compensation within 15 days from the date of receipt of this order, failing which the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
