Kerala

Kasaragod

CC/09/97

Eshwara Naik - Complainant(s)

Versus

The Manager, Blue Flame Agencies - Opp.Party(s)

Subash Bozz.V.M.

17 Jul 2009

ORDER


IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
OLD S.P. OFFICE, PULIKUNNU
consumer case(CC) No. CC/09/97

Eshwara Naik
...........Appellant(s)

Vs.

The Manager, Blue Flame Agencies
...........Respondent(s)


BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi

Complainant(s)/Appellant(s):
1. Eshwara Naik

OppositeParty/Respondent(s):
1. The Manager, Blue Flame Agencies

OppositeParty/Respondent(s):
1. Subash Bozz.V.M.

OppositeParty/Respondent(s):




ORDER

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                                                            Date of Filing             : 24-03-2008

                                                            Date of Order            : 17-07-2009

 

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.97/09

                                    Dated this, the 17th day of July 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

 

Eshwara Naik, S/o.Krishna Naik,

Pilikkundu House Nekraje.Po,                } Complainant

Kasaragod.Dt.

(Adv. Subash Bozz.V.M, Kasaragod)

 

The Manager, Blue Flame Agencies,

Bharath Gas Distributors,                           } Opposite party

Railway Station Road, Kasaragod.

(Exparte)

 

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

 

            It is high time for the opposite party to cease or desist the kind of unfair trade practice committed in this case.

2.         The case of the complainant Eshwara Naik is that the opposite party stopped supplying gas cylinders to him from Feb 2008 onwards.  According to him he was a customer of opposite party since 21-01-04 and his consumer No. was 18739. He used to get the supply of refilled cylinders till Feb.2008 .  Thereafter opposite party failed to supply him refilled cylinder.  On enquiry made, the complainant came to know that opposite party has issued a new gas connection to some other person that is having the same Consumer Number.  Now the complainant is using Kerosene and fire wood for his cooking purpose.  Hence the complaint to get the supply of cooking gas regularly as per norms with compensation and costs.

3.         Notice to opposite party issued by registered post. Eventhough opposite party served with the postal intimation regarding the registered notice opposite party willfully abstained from collecting the notice from postal authorities.  Hence the notice is returned as unclaimed.  Therefore the notice is deemed to have served and the opposite party is set exparte.

4.            Complainant has filed affidavit supporting the complaint.  Ext.A1 the Consumer Pass book is marked.  Counsel for the complainant heard and the document perused.

5.         The Ext.A1 pass book shows that the complainant was a regular customer and he had availed refilled gas cylinders from 30-08-04 to 21-01-08.

6.         The non supply of refilled gas cylinders to a consumer and the allotment of his subscriber number to another customer without his knowledge and consent is one of the grossest unfair trade practice.  The opposite party is therefore liable to compensate the complainant on account of the loss hardships and mental agony suffered by him.

            Therefore we pass the following order directing the opposite party

1.      To restore the gas connection of the complainant and supply refilled gas cylinders to the complainant regularly within 10 days from the date of booking.

2.      To discontinue this kind of unfair trade practice.

3.      To pay a compensation of Rs.25,000/- to the complainant for the loss hardships and mental agony suffered by him.

To pay Rs.3000/- towards the cost of these proceedings.

          Time for compliance is limited to 30 days from the date of receipt of copy of this order.

    Sd/-                                                           Sd/-                                                 Sd/-

MEMBER                                                       MEMBER                                           PRESIDENT

Exts.

A1.  Consumer Pass book

 

    Sd/-                                                            Sd/-                                                Sd/-

MEMBER                                                       MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

 

                                                                           SENIOR SUPERINTENDENT

 

 




......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi