Karnataka

Koppal

CC/14/16

Sri.Murlidhar s/o Laxmanrao Kulakarni - Complainant(s)

Versus

The Manager K.F.C Bharath Gas Agance - Opp.Party(s)

Sri.M V Mudgal.Adv

15 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
OLD CIVIL COURT BUILDING, JAWAHAR ROAD, KOPPAL
 
Complaint Case No. CC/14/16
 
1. Sri.Murlidhar s/o Laxmanrao Kulakarni
Sri.Murlidhar s/o Laxmanrao Kulakarni,Age:60 year,occ-Advocate,Street kote
koppal
Karnatka
...........Complainant(s)
Versus
1. The Manager K.F.C Bharath Gas Agance
The Manager K.F.C Bharath Gas Agance,Gavi Math road
Koppal
Karnatka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE K.V.Krishnamurthy. PRESIDENT
 HON'ABLE MR. R.BANDACHAR MEMBER
 
For the Complainant:Sri.M V Mudgal.Adv, Advocate
For the Opp. Party:
ORDER

ORDER

Per K.V.Krishna Murthy:   

            The complainant is being a customer of the OP Gas agency in Koppal with customer No. 8326 sought for a second cylinder connection, for which representation dated: 23-01-2012 was given by him along with required documents.  Nevertheless, the second cylinder connection was not given.  According to the complainant, several other customers have been given second cylinder connection but not to him.  Therefore, there is a deficiency in service.  Hence the complaint for direction to provide second cylinder connection and for compensation under following heads;

 

  1.  For mental and physical harassment            -           Rs.30,000/-
  2. For deficiency in service                                 -           Rs.30,000/-
  3. Loss incurred by the complainant                  -           Rs. 30,000/-
  4. Litigation & other expenses                           -           Rs.   5,000/-

TOTAL                 -           Rs. 95,000/-

 

            2.  Along with complaint, an application for condonation of delay of 15 days in filing the complaint has been filed and notice of IA No.1 along with complaint was ordered pending admission.  Notice of the proceedings has been served on 21-04-2014.  Subsequently second cylinder connection has been given.  Therefore, direction sought in the complaint is not required to be given.

 

            3.  The affidavit evidence filed by the complainant on 22-08-2014 do not discloses any kind of loss sustained by him on account of not providing second cylinder connection to him.  The complainant claims Rs.30,000/- towards mental and physical harassment but not proved from the facts of the case.  Deficiency in service alleged has not been proved because no proof of anyone else being given second cylinder connection as alleged in the complaint.  Counsel for the complainant not substantiated by pointing-out any rule or regulation under which the gas agency is bound to provide second cylinder connection to its existing customer.  No deposit for second cylinder given.  Hence we decline to award compensation of Rs.30,000/- towards deficiency in service.  No service was undertaken by the gas agency to provide second cylinder to the complainant.

 

5. Consequently, the complaint is without merits and the same is dismissed.

 

 

Dictated to the Stenographer, typescript, edited, corrected and then pronounced in the Open Forum on 15-11-2014.

 

 

                                                                                    President

 

 

Member-in-charge.

 

 

// ANNEXURE //

List of Documents Exhibited for the Complainant / Respondent.

 

-    NIL -

 

Witnesses examined for the Complainant / Respondent.

 

 

      P.W.1

Sri Muralidhar S/o: Lakshman Rao Kulkarni, Koppal.

 

 

 

                                                                                                            President

 

 

       Member-in-charge      

 
 
[HONORABLE K.V.Krishnamurthy.]
PRESIDENT
 
[HON'ABLE MR. R.BANDACHAR]
MEMBER

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