BEFORE THE DISTRICT CONSUMER FORUM  (Under Consumer Protection Act, 1986)  MEDAK AT SANGAREDDY.
 

 PRESENT: Sri Y. Aravinda Reddy, Spl Judge for SCs & STs (POA)                 Act cum – V Addl. Dist. & Sessions Judge / FAC President

               Smt. Meena Ramanathan, B.Com., Lady Member

 Sri G.Sreenivas Rao, M.Sc., B.Ed.,LL.B., PGADR (NALSAR) Male Member

Friday, the 30^th day of March, 2012

CC. No. 71 of 2011

Between:

Sri M. Krishana Goud @ M. Krishna

S/o Late M. Vittal Goud, Age: 33 years,

H.No.6-4-133, Shivajinagar,

Sangareddy – 502 001,

Medak District.                                                            …….Complainant

And

The Manager,

Vinay Gas Agency (Dealer of Bharath Gas),

Majeera Nagar, Main Road,

Sangareddy – 502 001, Medak Dist.                   ….opposite party

          This complaint has come for final hearing on 13.03.2012 before us in the presence of Complainant in person and opposite party called absent, on perusing the record and having stood over for consideration till this day, this Forum delivered the following:

O R D E R

(Per se Smt. Meena Ramanathan, Lady Member)

1.             This complaint is filed under Section 12 of Consumer Protection Act, 1986 by the complainant M. Krishna Goud @ M. Krishna S/o late M. Vittal Goud, resident of Sangareddy, Medak District. Alleges that he is a consumer of Bharat Gas (Vinay Gas Agency) of Sangareddy town, Medak District. After payment of the required amount to the manager of Opposite party supplied the gas connection by issuing pass book vide consumer no. 4556 and consumer book No. 2678323 he was given a single cylinder and he has also filed a photocopy of the consumer pass book.

               He further submits that as per the rules cylinder has to be supplied to the consumer within the period of ten days on booking. He booked on 12.11.2011 and the respondent have not supplied him by 22.11.2011. During that period he also approached the opposite party for the gas cylinder, they stated that their delivery boys will do door delivery.  But the rules and regulations were not followed. During this period he has noticed that gas cylinders was being supplied to other without booking thereby, not following rules. He has been put to great inconvenience and in justice.

                   He further submits that he booked for a refill again on 02.03.2012 and the order No. 966 but till today he has not brought the cylinder he claims that the opposite party did not give the cylinder because he has filed the complaint in this forum.

       Therefore since 12.11.2011 he has not received a cylinder, and has been cooking with kerosene for the last four months. The cost of the kerosene in the black market is Rs.50/- per liter and he claims to have spent Rs.5,000/- and above on kerosene.

          Owing to this negligence and deficiency of service he has been put to irreparable damage and in justice. Hence the present complaint is filed with the prayer to direct the opposite party to compensate him an amount of Rs. 10,000/- along with cost and interest from the date of filing of the petition to the date he receives the gas cylinder.

2.                The opposite party made his appearance on 19.01.2012 this complaint was filed on 26.11.2011 and notice was served on opposite party on 08.12.2011. For that he made his representation on 19.1.2012 after that he has been continuously absent. Despite several adjournments he has not filed his counter nor has he denied any of the allegations. Hence we are of the considered opinion that he is exparte.

3.                             The complainant filed his chief affidavit and written arguments along with Ex. A1.

4.        The point for consideration is 1) whether the complainant is entitled for the claim stated in the complaint? 2) Whether there is any deficiency of service on the part of opposite party in settling the claim? And if so, to what relief the complainant is entitled to?

Point 1 & 2:

                 There is no dispute with regard to the complainant being a consumer of Bharat Gas under the dealer ship of Vinay Gas Agency. The photocopy of the Consumer Pass Book is filed as Ex. A1. A perusal of the pass book shows that he has been booking from:

Booking No. 7425,   15.03.2011 and delivery taken on 25.03.2011

Booking No. 13293, 27.06.2011 and delivery taken on 05.07.2011

Booking No. 8393,  19.08.2011 and delivery taken on 24.08.2011

Booking No. 27942, 30.09.2011 and delivery taken on 08.10.2011

Booking No. 5987, 12.11.2011  - not delivered till date.

                The above entries prove that he has been a regular customer of opposite party. His booking on 12.11.2011 was not delivered. Despite several requests on his part the cylinder did not reach him. He has no other choice but to approach the forum for relief. The point 1 and 2 is answered in favour of the complainant.

                The opposite party did not heed to the notice nor approach the forum to file his arguments/denial. When he has been absolutely silent, we are of the opinion that he is responsible for his negligent actions. He cannot cause inconvenience to his customers.

                In the result the complaint is allowed, we direct the opposite party to deliver the cylinder to the complainant immediately and to pay Rs.1,500/- towards compensation and costs.

         Typed to dictation, corrected and pronounced by us in the open forum this  30^th day of March, 2012.

              Sd/-                         Sd/-                             Sd/-

   FAC PRESIDENT         LADY MEMBER            MALE MEMER

WITNESS EXAMINED

For the complainant:                                       For the opposite parties:-

-NIL-                                                                        -NIL-

DOCUMENTS MARKED

For the complainant:                                       For the opposite parties:-

Sd/-                                       Sd/-                             Sd/-                                                                      

FAC PRESIDENT                                                LADY MEMBER                        MALE MEMBER    

Copy to

1)     The Complainant

2)     The Opp.party

3)     Spare copy

                                                    Copy delivered to the Complainant/

                                                                                       Opp.party on _____________

                                                                  Dis.No.           /2012, dt.