D.o.F:21/11/09 D.o.O: 04/02/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.255/09 Dated this, the 4th day of February 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI P.Narayanan, S/o P.Muthu Maniyani, Advocate, Sree Saikripa, : Complainant Hosdurg, Po.Kanhangad. The Manager, Madona Gas Agencies, : Opposite party Central Marketing Complex, Kanhangad (exparte) ORDER SMT.P.RAMADEVI : MEMBER The facts of the complaint in brief are as follows: The complainant is the consumer of H.P.gas having consumer No.615580. Opposite party is the distributor of H.P. gas at Kanhangad. The complainant is a practicing lawyer and his wife is working as a teacher. The opposite party supplied the LPG cylinder on 9/10/2009 and the complainant booked for LPG cylinder on 12/10/2009. Even after 30 days of booking the opposite party failed to supply the gas. The complainant tried to contact the opposite party through telephone but he did not attend the telephone. On 18/11/2009 the complainant could contact the opposite party through his mobile phone and the opposite party told that ‘on 7/11/2009 the workers have came to the complainant’s house and since there was no one in the home the booking was cancelled.’ The complainant further submits that he was not informed about the delivery on 7/11/2009 and there is no provision to cancel the booking. Then at the request of the opposite party the complainant has again booked the gas cylinder on 18/11/09. The opposite party told that refilled cylinder would be delivered on 19/11/09. But the complainant has not delivered the refilled cylinder and he refused to attend the phone also. The complainant purchased kerosene and firewood for an amount of Rs.200/- since his cylinder was emptied by that time. He also had undergone great mental agony and pain due to the behaviors of the opposite party. Hence the complaint is filed for necessary relief.. 2. Notice to opposite party sent by registered post but he did not turn upto defend the case. Hence opposite party was set exparte . 3. After considering the facts of the case the question raised for consideration is whether there is any deficiency in service on the part of the opposite party and if so what is the order as to costs and compensation. 4. Complainant heard and Ext.A1, the photo copy of the consumer card is marked . On going through the facts and circumstances of the case, it is clear that the opposite party is not properly giving service to his customers. Moreover he is not ready even to attend the telephones to hear the customers. The allegation made in the complaint against opposite party is not rebutted by the opposite party. No contra evidence is adduced. Hence we are of the opinion that there is deficiency in service on the part of the opposite party. It is clear from the complaint that the complainant and his wife are employees and the act of the opposite party adversely affected the complainant. Hence he is entitled for compensation from the opposite party. Therefore the complaint is allowed. The non-supply of refilled cooking gas within a reasonable time say,within 10 days from the date of booking on the part of opposite party is definitely an unfair trade practice and deficiency in service. The opposite party is therefore directed to pay Rs.2500/- to complainant for the loss, hardships and mental agony he suffered due to the non-supply of refilled gas cylinder and Rs.1000/- towards cost of proceedings. The Manager, Madona Gas Agencies, Central Marketing Complex, Kanhangad is further directed to release refilled gas cylinder to the complainant within 10 days from the date of booking in future. Failing which opposite party shall pay Rs.10/- each per day to the complainant , from the 10th day of booking till date of delivery towards the expenses for opting alternative fuels for cooking till the supply of refilled cooking gas cylinder. Time for payment of compensation is limited to 30 days from the date of receipt of copy of order. In the circumstances there is no order as to costs. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Ext.A1- copy of consumer card. /Forwarded by Order/ eva/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
