IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/10/2018.
Date of Filing: Date of Admission: Date of Disposal:
31.01.18 09.02.18 16.01.2020
Complainant:1.INTAJUL HAQUE
S/o AjrailMolla
Vill. BaruaPaschimpara,
P.O. Barua, P.S.Beldanga, Murshidabad,
Pin 742189.
2.USNARA BIBI
W/o IntajulHaque
Vill. BaruaPaschimpara,
P.O. Barua, P.S.Beldanga, Murshidabad,
Pin 742189.
-Vs-
Opposite Party:1. The Chairman/President
Beldanga Consumers' Co-Operative Stores Ltd,
H.P.Gas Distributor, Tematha,
Chutarpara, Beldanga,
PIN 742133
2.The Secretary
Beldanga Consumers' Co-Operative Stores Ltd,
H.P.Gas Distributor, Tematha,
Chutarpara, Beldanga,
PIN 742133
Agent/Advocate for the Complainants : Sri. Safiur RahmanBiswas.
Agent/Advocate for the Opposite Party No. 1 :Smt. Sabina Easmir.
Agent/Advocate for the Opposite Party No. 2 : None.
Present: Sri AsishKumarSenapati………………….......President.
Smt. AlokaBandyopadhyay……………………..Member.
Sri. Subir Sinha Ray………………………………….Member.
FINAL ORDER
AlokaBandyopadhyay, Member.
One Intajul Haque and another (here in after referred to as the Complainants) filed the case against the Chairman/President, Beldanga Consumers’ Co-operative Stores Ltd. and another(here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant No.1 applied for transfer of his LPG connection from Debagram to Beldanga H.P.Gas Dealer after obtaining Termination Voucher from Bharat Gas at Debagram on 16/ 05 /2015. The complainant alleged that the H.P Gas Distributor of Beldanga asked the Complainant No.1 to submit the xerox copy of Voter Card, Aadhar Card and Photos of both the complainants. During that time for immediate connection, the Complainant submitted all those documents and on 22.01.16 the Complainant No.1 came to know that a new gas connection had been issued in the name of complainant No.2 instead of transfer of the previous connection which was in the name of Complainant No.1. At the time of providing new connection,the Complainant No.2 was also being asked by the Beldanga H.P Gas Distributor to purchase LPG stove, Suraksha Hose, Lighter from them but as the complainants were facing daily hardship for cooking their food due to lack of LPG connection during that period ,the Complainant No.2 was compelled to buy those articles from the OPs. Alleging unfair trade practice for compelling the Complainant No.2 to purchase those articles and there is deficiency in services by not transferring the Gas connection in the name of the complainant No.1, the Complainants filed instant case before this Forum for appropriate relief.
The OPs after service of notice appeared through their Ld. Advocates before this Forum but did not file the Written Version to controvert the plea of the Complainants.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
-
2. Are the Complainants entitled to get any relief, as prayed for?
Decision with Reason
All the points are taken up together for the sake of convenience and brevity. The Ld. Advocate for the Complainants submits that the complainantsare consumers as they hired services of the OPs for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of the Ld Advocate of the complainants, we find that the Complainants are consumers in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Undoubtedly, the Complainant No.1 obtained Termination Voucher (vide Annexure-C) to transfer the service connection from Debagram to Beldanga Murshidabad on 14.02.14.
It is also the fact that on 22.01.16 a new service connection was provided to Complainant No.2. It appears from the case record that the Complainant No.2 has purchased LPG Stone, Suraksha Hose, Lighter etc. from the OPs ( Vide Annexure-B) and the Complainants through Advocate’s letter dated 04.12.17 demanded refund of Rs.2,940/- in respect of above mentioned items.
It is not clear to us why the Complainant has not demanded for refund of the price of those articlesimmediately or has not made any complaint to any authority concerned allegingto compel them to purchase of those articles. It is also surprising enough that near about 2 years,after purchase of those articles, the Complainant through Advocate’s letter claimed for refund of purchase money of those articles.
Considering the facts and circumstances of the case and documents filed before us we are of the opinion that the Complainants are unable to establish any deficiency in service on the part of the OPs and they are not entitled to get any relief in this case.
Reasons for delay
The Case was filed on 31.01.18 and admitted on 09.02.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
Fees paid are correct.
In the result, the complaint case fails. Hence, it is
ORDERED
that the Consumer Complaint Case No. CC/10/2018 be and the same is hereby dismissed ex-parte against the OPs without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member president
