By Smt. Beena. M, President (In charge):
This is a complaint preferred under Section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant is a consumer of the Opposite Party, Reliance Gas Agency of HP Gas limited, Sulthan Bathery, bearing consumer No. 606945. The Complainant had booked several times for gas cylinder, but the Opposite Party had delivered his cylinder to another person illegally. On 9-02-2023, he booked for gas cylinder as per booking No.552359. The Complainant came to know that a cash memo under serial No. 1274144 dated 16-02-2023 was issued for the delivery of the gas cylinder. But the Opposite Party failed to supply that gas cylinder. Then the Complainant again booked gas cylinder on 28-02-2023 as per booking No.556743. Thereafter, the Complainant got one message stating that “HP gas delivered refilled gas cylinder on 03-03-2023, cash memo No.1277159”. But it was not delivered till this date. The complainant again booked gas cylinder on 11-03-2023 as per booking No.558611 and as per the direction of the Opposite Party, the Complainant paid Rs.1158.50 through online payment on 14-03-2023. But the refilled gas cylinder was not delivered by the Opposite Party. After that, the Complainant sent a registered notice to the company due to non-delivery of gas cylinder and also sent a complaint to the District Collector and District Supply officer on 20-03-2023, then the Opposite party called and told that they would deliver cylinder immediately. But the gas cylinder was not delivered. On several calls from the Complainant, the Opposite Party agreed to deliver the gas cylinder on 29-03-2023. Subsequently, he got a message that “ HP gas booking No. cash memo No. 1015492 dated 29-03-2023 of Rs.1165/- delivery OTP No.7726, Downloaded e-cash memo https//cash memo Rpd.com’’. But till date the Complainant not received refilled gas cylinder. The Opposite Party was not attending the phone calls made by the Complainant. The non availability of gas cylinder caused much inconvenience to the Complainant’s family. Alleging deficiency in service on the part of the Opposite Party, this Complaint is filed.
3. After the admission of the complaint, the Commission issued summons to the Opposite Party, but the Opposite Party failed to appear before the Commission
and the Commission set them ex-party.
4. The evidence consists of chief affidavit of the Complainant. The Complainant was examined as PW1 and documents marked as Ext. A1 to A4.
5. The Complainant made booking for refilled gas cylinder on several times. According to the Complainant even though he had made so many requests for the delivery of the refilled gas cylinder, he had not received the gas cylinder.
6. After going through the chief affidavit and documents, it is clear that the Opposite Party was not delivered the refilled gas cylinder to the Complainant. Certainly, it will cause much mental agony and harassment to the Complainant. Even after repeated requests by the Complainant to the Opposite Party and other authorities as well, the Complainant’s grievances were not redressed. The non-delivery of filled gas cylinder by the Opposite Party to the Complainant amounts to deficiency in service and the Complainant is to be compensated by the Opposite Party for the same. Here, the Opposite Party unchallenged the complaint as well as the testimony of the Complainant. Hence, we are of the Opinion that the Complainant is entitled for relief as prayed for.
In the result, the complaint is allowed with cost and the Opposite party is directed to deliver the refilled gas cylinder within one week from the date of receipt of this order. The Opposite Party is further directed to pay Rs. 8,000/- (Rupees Eight thousand only) towards compensation and Rs 5,000/- (Rupees Five thousand Only) towards cost of the proceedings to the Complainant. This order shall be complied by the Opposite Party within one month of the receipt of this order. Failing which the complainant is entitled to get interest @ 8% per annum for the above amount from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 6th day of July 2023.
Date of filing:30.03.2023.
PRESIDENT (I/C): Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. E.M. Joseph. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Copy of Letter. dt:17.03.2023.
A2 (a) Copy of Letter. dt:17.03.2023.
A2 (b) Copy of Letter. dt:17.03.2023.
A3. Bill. dt:27.03.2023.
A4. Copy of Receipt. dt:14.03.2023.
Exhibits for the Opposite Party:
Nil.
PRESIDENT (I/C): Sd/-
MEMBER : Sd/-
