Complaint is filed on 20-01-2009
Compliant disposed on 21-11-2009
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM::AT:: KARIMNAGAR
PRESENT: HON’BLE S.M. RAFI, B.Sc., B.L.,CHAIRMAN, L.R.A.T.-cum-III ADDL.DIST & SESSIONS JUDGE & PRESIDENT (F.A.C.)
HON’BLE SMT. E. LAXMI, M.A.LL.B., MEMBER
SATURDAY, THE TWENTYONE DAY OF NOVEMBER,
TWO THOUSAND NINE
CONSUMER COMPLAINT NO. 08 OF 2009
Between:
Purmani Hanmantha Reddy, S/o. Late Narayana, age 47 years, Occ: Advocate and Agrl., R/o. Vedira, Now presently R/o. H.No.10-3-382, Hindupuri, Karimnagar.
…Complainant
AND
- The Manager, Bhargavi Gas Lines, H.P. Gas Dealer, Code No.45869-Q, H.No.9-1-125, Collectorate Road, Karimnagar.
- The Chief Manager, Hindustan Petroleum Corporation Ltd., Regd. Office-17, Jamshedji Road, Bombay – 400 020.
…Opposite Parties
This complaint is coming up before us for final hearing on 13-11-2009, in the presence of Sri. G. Laxma Reddy and R. Srinivas, Advocates for the complainant and opposite party no.1 remained exparte and opposite party no.2 dismissed, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following
::ORDER::
1. This complaint is filed under Section 12 of C.P. Act, 1986 seeking direction to the opposite parties to pay Rs.24,664/- towards compensation along with costs.
2. The brief averments of the complaint are that the complainant is a consumer of opposite parties having Gas connection with consumer card no. 602489 which was taken by him on 2.2.1996. The complainant submits that on 13.8.2008 he has booked for supply of Refill Gas Cylinder with opposite party no.1 and he was informed that it will be supplied within one week from the date of booking, but even after expiry of one week period the opposite parties failed to supply the gas cylinder. Several times he has demanded the opposite party no.1 through telephone and personally on which they promised to send the same, but finally it was supplied on 1.9.2008. It is submitted that on account of non-supply of the Gas cylinder the complainant had to arrange food for his family members from outside for which he spend Rs.24,664/-. The complainant got issued a Legal Notice on 4.9.2008 demanding the opposite parties to pay Rs.24,664/- towards compensation and inspite of service of the notice the opposite parties failed to pay the same. Therefore, the complainant sought direction for payment of the said amount with costs.
3. The opposite party no.1 remained exparte but subsequently filed his Proof Affidavit.
4. The complainant filed memo on 19.2.2009 withdrawing the case against opposite party no.2 as he settled the claim. Hence, the C.C. was dismissed against opposite party no.2.
5. The complainant filed his Proof Affidavit reiterating the contents of the complaint and filed documents which are marked as Ex.A1 to A5.
6. The opposite party no.1 filed Proof Affidavit of its Manager and filed copy of the Consumer Second Cylinder Card, office copy of the reply to the Legal Notice, Served acknowledgement Card and Statement of consumers who booked for refill cylinder on 13.8.2008.
7. Heard both sides.
8. The points for consideration are:
- Whether there is any deficiency of service on the part of opposite parties ?
- If so, to what relief the complainant is entitled?
9. The case of the complainant is that he is a consumer of opposite parties having Gas Connection since 1996. On 13.8.2008 he booked for supply of refill cylinder and the opposite party no.1 promised to supply within one week, but failed to supply within one week, due to which he had to arrange food for his family members from outside by spending Rs.24,664/-.
10. The case of the opposite party no.1 is that he never promised to supply within one week, but refill Gas cylinder will be supplied on the order of booking. The complainant holds second Gas cylinder for his Gas Connection as such there is no necessity for him to arrange food from outside. When the complainant got issued Legal Notice a suitable reply was sent to it. As per the terms and conditions of supply the opposite parties can’t be held responsible for the delaying supplying the Gas cylinder. Since there is no deficiency of service on their part, the complainant is not entitled for payment of any compensation, hence prayed for dismissal of the complaint.
11. A perusal of the Consumer Card under Ex.A1 discloses that the complainant is a consumer of opposite parties having been issued with second cylinder. It is claimed by the complainant that he has booked for supply of refill cylinder on 13.8.2008, but opposite party no.1 failed to supply within one week and he received the cylinder on 1.9.2008 due to which he had to arrange food from outside by spending Rs.24,664/-. He got issued a Legal Notice under Ex.A2 Dt: 4.9.2008 demanding him to pay the said amount. The reply got issued by opposite party no.1 is marked as Ex.A5. Though the complainant claimed that he has booked cylinder on 13.8.2008, but he failed to furnish the serial no. of booking nor any document to show that he booked the cylinder. It is contended by opposite party no.1 that as per the terms and conditions mentioned at Clause No.7 of Ex.A1, the opposite parties can’t be made responsible for the delay in supply of Gas cylinders. The opposite party no.1 is only a dealer and he will supply cylinder to the consumers as per the stocks promised by the opposite party no.2 Hindustan Petroleum Corporation Ltd., Bombay. In this case the complainant compromised the case with opposite party no.2 and got the case withdrawn against opposite party no.2. The opposite party no.1 filed extract of the statement showing the particulars of the persons who booked for refill cylinder on 13.8.2008 which did not disclose the name of complainant. Since the complainant failed to produce any evidence to show that he booked cylinder on 13.8.2008, he is not entitled for any amount towards compensation.
12. In view of the said reasons, we hold that there is no deficiency of service on the part of opposite party no.1. Therefore, the C.C. deserves to be dismissed without costs.
13. In the result the complaint is dismissed without costs.
Typed to my dictation by Stenographer, after correction the orders pronounced by us in the open Court this the 21st day of November, 2009.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE
FOR COMPLAINANT:
Ex.A1 is the Original Subscription voucher, dt. 2-2-1996.
Ex.A2 is the Office copy of Legal notice, dt. 4-9-2008
Ex.A3 is the Original Postal receipts, dt.4-9-2008.
Ex.A4 is the Original Acknowledgment, dt.6-9-2008
Ex.A5 is the Reply notice, dt.10-09-2008
FOR OPPOSITE PARTY: -NIL-
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
