IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /19/2015 .
Date of Filing: 10.02.2015. Date of Final Order:16.07.2015.
Complainant: Abdul Bari, S/O Humaun Sk, Vill-Tafapur, P.O. Bhabanipur, P.S. Farakka,
Dist. Murshidabad.
-Vs-
Opposite Party: 1. The Distributor Sital Gas Agency, District Code 120430,
Bharat Petroleum Corporation Ltd. Dhuliyan, P.O. Dhuliyan, P.S. Samserganj,
Dist. Murshidabad.
2. The Manager, Bharat Petroleum Corporation Ltd, 4&6, Currimbhoy Road,
P.B. No. 688, Ballard Estate, Mumbai-400001.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali - Presiding Member.
The fact leading to the complainant’s case u/s 12 of C.P. Act, 1986, in brief, is that the complainant /Abdul Bari is a consumer with a domestic gas connection bearing No. 59270889 from 20.04.2013 of the OP No.1 / the Distributor , Sital Gas Agency who is a dealer of OP No.2/Bharat Petroleum Corporation Ltd. According to the complainant, he booked his gas on 28.04.2014 and the OP No.1 delivered the gas cylinder on 08.10.2014. Afterwards when the complainant again booked on 09,.10.2014, that was not supplied him by the OP No.1. After several knocking the Op No.1 disclosed that the gas connection of the complainant was stopped. Then the complainant served an Advocate’s letter to the OP No.1 on 05.01.2015, but the OP No.1 did not pay any heed to the matter. On the other hand the complainant found in the website that the gas booked on 09.10.2014 was delivered on 19.10.2014 to the other person instead of him. Therefore, the complainant came to this forum for proper redress.
On the other hand the OP Nos. 1 & 2 both are absent in this case in spite of receiving the notices. So, the proceeding runs ex parte against both the Ops.
The only point for consideration is that whether there is any deficiency in service on the part of the Ops or not and or whether the complainant is entitled to get any relief or not.
Decision with reasons.
It is pertinent to mention that the complainant has submitted some documents in support of his case.
Perused the records , we observed that the complainant is a consumer of OP No.1 and his booking on 09.10.2014 was not delivered by the Op No.1 which was revealed by way of evidence on affidavit along with Xerox copy of his gas-booking booklet with a statement showing gas refill delivery.
The case being taken up for ex parte hearing, there is no scope to rebut the evidence of the complainant.
Relying upon the evidence adduced by the complainant and also considering the documentary evidence as to entitlement of gas supply being Consumer No. 59270889under the Opposite Party No.1, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for delivery of gas cylinder to him by the Opposite Parties.
Order
Hence, it is ordered that the consumer Complainant No. 19/2015 be and the same is hereby allowed ex parte without any order as to cost.
The Opposite Parties i.e. OP Nos. 1 & 2 are directed to do accordingly to regularize the supply of refilled gas cylinder to the complainant as per rule within 20 days from the date of receipt of this order, failing which both the Ops have to pay @ Rs.50/- per day’s delay as fine and the amount 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.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
