IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /11/2015.

 Date of Filing:              19.01.2015                                                                                           Date of Final Order: 25.02.2016.

Complainant: Kajem Sk. S/O late Jeker Sk, Vill. Shakowa, P.O. Amtala, P.S. Nowda,

Dist. Murshidabad. Pin 742121.

-Vs-

Opposite Party: Sagar Indane , A Govt. of India Enterprise, Vill. & P.O. Amtala, P.S. Nowda,     

                         Murshidabad, Indane Distributor of Indian Oil Corporation Ltd.

                       Present:                              

                                          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 delivery of gas cylinder to the complainant and for compensation.

The complainant’s case, in brief, is that the complainant is a consumer under the OP/Sagar Indane, who booked a cylinder on 10.05.2014 for re-filling but the complainant did not get the re-filled cylinder. The complainant requested several times both verbally and written to the OP to solve the problem, but the OP without delivery the cylinder threatened the complainant. For the deficiency of the OP, the complainant has filed this case with a prayer for delivery of the gas cylinder and to pay Rs.50, 000/- for gas purchase cost along with compensation.

On the other hand, the OP has been contesting the case by filing written version, where he denied the allegations. He also stated that the complainant refused the cylinder on 04.06.14 due to financial crisis and the complainant booked the gas cylinder through regd. letter, but now there is no such provision, on and from 0107.14 on-line gas booking has been started. So, the complaint is a concocted and false, which is liable to be dismissed.

The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complaint is entitled to get any relief or not.

                                                                                           Decision with Reasons.

It is pertinent to mention that the complainant has submitted Xerox copy of gas booking booklet along with letters and AD cards in support of this case.

Perused the documents on the record, we observed that the complainant is a consumer of the OP gas booking booklet is evident of this allegation of non-delivery of gas cylinder against the booking on 10.05.2014. Other documents, submitted by the complainant, also evident the said matter.

On the other hand the OP raised the procedural change of booking i.e on and from 01.07.2014 on-line booking started for that regd, letter booking by the complainant was not accepted, but this point will not be applicable here, as because, the complainant booked on 10.05.2014 which is before 01.07.2014 and booking booklet shows that booking was already accepted by the OP but was not delivered.

The OP alleged that the complainant refused to take cylinder on 04.06.2014 due to financial crisis, but we did not find any cogent evidence in the record, rather the OP contradicts his own statement that regd. letter booking is not accepted and other side delivered cylinder was refused by the complainant. We did not find any single paper on the record in support of his side by the OP, so our opinion is that the OP has a deficiency in service on his part.

On the basis of the above discussions along with documents on the record, our clear opinion is that the OP is liable for non-delivery of gas cylinder to the complainant. So, we have no other alternative but to conclude that the case that the complainant is entitled to get relief i.e should get gas cylinder from the OP and no other compensation is permissible.

Considering all the facts and circumstances we find that the case be allowed on contest without any order as to cost.

Hence,

                                                Ordered

that the Consumer Complaint No. 11/2015 be and the same is hereby allowed on contest  without any order as to cost.

The OP is hereby directed to supply gas cylinder to the complainant against his booking within 20 days from the date of receipt of this order, failing which the OP has to pay @Rs.50/- per 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.