Chandigarh

DF-I

CC/371/2019

Raj Kumar Bhatia Advocate - Complainant(s)

Versus

Sabharwal Gas Agency - Opp.Party(s)

In Person

01 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/371/2019
Date of Institution	:	16/05/2019
Date of Decision	:	01/10/2021

 

Raj Kumar Bhatia Advocate, son of Sh. Hans Raj, aged 56 years, r/o House No.5-B, Army Flats, Sector 44-A, Chandigarh now at House No.65, Ground Floor, Vasant Vihar, Phase-I, Dhakoli, Zirakpur, Distt. SAS Nagar, Mohali.

… Complainant

V E R S U S

Sabharwal Gas Agency, SCO No.55, 1^st Floor, Sector 47-C, Chandigarh, through its Manager.

… Opposite Party

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                               

ARGUED BY	:	Complainant in person
	:	None for OP

 

 

Per Rajan Dewan, President

1.      The facts in brief are, complainant was consumer of the OP having consumer No.620059 which was issued at his previous address i.e. H.No.5-B, Army Flats, Sector 44-A, Chandigarh. On 11.10.2018, the complainant shifted to House No.65, Vasant Vihar, Phase-1, Dhakoli, Zirakpur Mohali. Thereafter the complainant approached the OP to transfer the gas connection on the new address, but, it stated that it was a long procedure and it had to seek approval of the Regional Office of HP Gas.  Due to that, the refill booked by complainant 29.10.2018, 26.11.2018, 24.12.2018 and 10.2.2019 were delivered at his previous address and he had to come from Dhakoli with empty cylinder and wait for a long time to obtain refill. As per the complainant, he requested the OP and its staff a number of times and at one time it told to come on Tuesday and on other occasions asked to come between 3-4 p.m. Lastly on 7.5.2019, the complainant moved application to the OP with copy to RO of HP Gas. He also sent original voucher, original passbook etc. issued by the OP vide registered post on 8.5.2019, but, the OP refused to accept the same. Ultimately the RO of HP Gas Chandigarh sent a transfer voucher to Sohi Gas Service on 8.5.2019 from where the complainant received new gas copy.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, the complainant has filed the instant consumer complaint.
2.     OP contested the consumer complaint, filed its written reply and admitted the fact that the complainant was its consumer. However, it has been denied that the complainant ever informed the OP about shifting from Chandigarh to Dhakoli prior to 7.5.2019. Averred, for the first time letter dated 7.5.2019 was sent for transfer of gas connection to Sohi Gas Service, Mohali which was affected on 8.5.2019. Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the consumer complaint.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the complainant in person and gone through the record of the case, including written arguments of the OP.
6.     Per pleadings of the parties, it is the admitted case that the complainant was the consumer of HP Gas, OP was the distributor and the LPG connection was transferred to Sohi Gas at the complainant’s changed address on 8.5.2019 as per his request. However, the case of the complainant is that the transfer was affected by company’s regional office at Chandigarh after lot of efforts and requests made by him and the OP played no role and it took no steps from 11.10.2018 till 8.5.2019.  
7.     On the other hand, the case of the OP is that the complainant informed it about shifting from Chandigarh to Dhakoli for the first time through letter dated 7.5.2019 and not prior to that, therefore, there is no deficiency in service or unfair trade practice on its part. 
8.     In order to prove his case that requests were made to the OP for transfer of the gas connection at his changed address (Dhakoli), it was incumbent upon the complainant to have produced some tangible evidence, but, except for his bald self serving assertions that he requested the OP and its officials a number of times, there is nothing on record to support such a claim.  As per his own version, complainant shifted to Dhakoli, Zirakpur on 11.10.2018 and the letter for transfer of gas connection, which is on record, is dated 7.5.2019 which was addressed to the OP with a copy to the regional office of HP gas. Even in the said letter, complainant has not mentioned when he shifted to his new house or the dates when he visited the OP with the request for transfer. He only mentioned “Now I shifted to House No.65, Vasant Vihar, Phase-1, Dhakoli, Zirakpur, Distt. SAS Ngar, Mohali………” The word ‘Now’ refers to present time.  It may be a week, ten days or at best may be a month, but, cannot travel as far back as 11.10.2018 which is the date of shifting alleged in the consumer complaint only.  
9.     The complainant is a practicing advocate and we are of the view that if he was harassed for such a long period and he could send registered letter on 7.5.2019 for transfer of his gas connection, he could have done so earlier also by writing some email or sending letter through registered post. However, there is nothing of that sort adduced on record. Complainant is master of his own case. If the complainant is alleging something in his consumer complaint against the OP, onus to prove the same also lies on him. However, he has miserably failed to discharge the said onus. Therefore, in the absence of any concrete evidence brought on record by the complainant, we cannot hold that the OP was deficient in rendering proper service or it indulged in unfair trade practice.
10.     In view of the above discussion, the present consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
01/10/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rajan Dewan]
hg	Member	Member	President