DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 225 of 2015
Date of filing: 18.11.2015 Date of disposal: 02.12.2015
Complainant: Nepal Chandra Hazra, S/o. Late Kamala Kanta Hazra, resident of Village & Post Office: Nasigram, Police Station: Bhatar, District: Burdwan, PIN – 713 125.
-V E R S U S-
Opposite Party: 1. SIRBI INDANE SERVICE, represented by Manager, having its office at sub-Division: Kalna, Post Office: Monteswar, District: Burdwan, PIN – 713 145.
2. Indian Oil Corporation Ltd., Represented by its Regional Manager, having its office at Indian Oil Bhawan, 2, Gariahat Road, South Dhakuria, Kolkata – 700 068.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder
Hon’ble Member: Sri Pankaj Kmar Sinha.
Appeared for the Complainant: Ld. Advocate, Suvro Cakraborty.
Order No. 04, Dated: 02.12.2015
The complainant is present through the ld. Advocate by filing hazira. Today is fixed for admission hearing of this complaint. We have carefully perused the petition of complaint along with the documents adduced by the complainant. It is seen by us that it is written in the paragraph no. 3 which is as follows:
‘The complainant begs to submit further that on 17.01.2015 he again booked gas before the Ops and the Ops registered the same vide registration no. 250889 and the Ops also sent delivery message to the complainant on 23.3.2015 and disclosed cash memo no. as 3000096860. But very surprisingly the complainant did not get any delivery of such booked refill and the Ops cancelled the said booking on 22.4.2015. After getting such cancellation message the complainant asked about the reasons to the delivery boy, men and agents of the Op-1 and the Op-1 through its persons threatened the complainant and told that as the complainant went before the Consumer Affairs Department, so they punished the complainant by way of non-delivery of refill. They also asked the complainant that they would not provide any facility of home delivery particularly to the complainant……’
At the time of hearing of the admissibility of this complaint we have compared the averment of the complainant with the documents submitted by the complainant and from where it is evident to us that the complainant had duly received the refilled cylinder on 29.5.2015 and 03.7.2015 respectively after putting endorsement in the yellow book of the SIRBI Indane Service. Therefore, as the complainant has miserably failed to prove the complaint adducing documents and papers that his booking was cancelled by the Ops and due to such cancellation he did not get any gas cylinder from the Ops till filing of this complaint, in our view the complaint has lost its merit and it is not a fit case to admit the same. Moreover, in the petition of complaint nowhere it is stated by the complainant that he received the refilled gas cylinder on the above-mentioned two occasions. It is the settled principle of law that complainant should approach before the court of law with clean hands. As the complainant has failed to prove his complaint in respect of any deficiency in service as well as unfair trade practice, whatever it may be, this complaint cannot be admitted. Hence, it is
O r d e r e d
that the Consumer Complaint no. 225/2015 is herby dismissed without being admitted. There is no order as to costs.
Let copy of this order be supplied to the complainant free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
