K.Sethumadhavan filed a consumer case on 17 Sep 2008 against The Manager in the Kasaragod Consumer Court. The case no is CC/08/100 and the judgment uploaded on 30 Nov -0001.
Kerala
Kasaragod
CC/08/100
K.Sethumadhavan - Complainant(s)
Versus
The Manager - Opp.Party(s)
17 Sep 2008
ORDER
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CDRF,Fort Road,Kasaragod consumer case(CC) No. CC/08/100
K.Sethumadhavan
...........Appellant(s)
Vs.
The Manager
...........Respondent(s)
BEFORE:
1. K.T.Sidhiq 2. P.Ramadevi
Complainant(s)/Appellant(s):
1. K.Sethumadhavan
OppositeParty/Respondent(s):
1. The Manager
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of filing : 23-06-2008 Date of order : 08-09-2008 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.100/08 Dated this, the 8th day of September 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER K.Sethumadhavan, S/o.Koran Nair, } Complainant Chaithalam Veedu, Karadukka.Po, Kasaragod. The Manager, M/s Blue Flame Agencies, Bharath Gas Distributor, } Opposite party Kalanad Complex, Railway Station Road, Kasaragod. O R D E R SRI.K.T.SIDHIQ,PRESIDENT In short the case of Sethumadhavan is that he booked a cooking gas cylinder with the Manager, M/s Blue Flame Agencies a distributor of Bharat Gas. According to him he was usually receiving filled gas cylinder within 15 days from the date of booking. But he was not supplied with the cooking gas which he booked on 26-04-08 till the date of complaint i.e. 23-06-08. Whenever he tried to contact the opposite party over phone he is not even caring to attend the phone and when attends behaves rudely. Even though he approached directly to opposite party 4 times by spending Rs.22/- each he was told that there is no stock of cylinders. Therefore his complaint claiming a compensation of Rs.5000/-. 2. Notice to opposite party sent by registered post. Inspite of receipt of notice on 5-7-08 the Manager, Blue flame Agencies did not turn up. Hence he was set exparte. 3. Sethumadhavan was examined as PW1. Exts.A1 to A3 were marked. Sethumadhavan deposed that he used to get refilled gas cylinder within one month from the date of booking, but even after two months from the date of booking on 26-04-08 he was not supplied with the refilled gas cylinder. Whenever he enquired over phone he has got the answer that there is no stock of cylinders. His direct approach to opposite party also went futile. He was sent back even after the 55th day of booking. Finally he made a complaint before the Taluk Supply Officer on 7-7-08 and due to their intervention he was supplied with the refilled gas cylinder on the same day. Since he did not obtain the refilled gas cylinder in time he was constrained to use other alternative fuel for cooking. He deposed that in open market one litre of kerosene fetch Rs. 25/- and he use one litre of kerosene per day for one month due to the non supply of refilled gas cylinder by the Manager, Blue Flame Gas Agencies. Hence he prays for an order claiming compensation of Rs.5000/-. 4. We have come across a number of media reports about the dearth of supply of cooking gas and the hullabaloos created thereon. It is deplorable to note that the authorities who is vested with the power to regulate the supply of cooking gas is not keen enough to solve the issues by probing in to the real causes and taking remedial measures. Therefore the complaint is allowed. The non-supply of refilled cooking gas within a reasonable time say, 10 days from the date of booking on the part of opposite party is definitely an unfair trade practice and deficient service. The opposite party is therefore directed to pay Rs.5000/- to Sethumadhavan for the loss, hardships and mental agony he suffered due to the non-supply of refilled gas cylinder. Manager, Blue Flame Agencies, Bharath Gas Distributor, Kasaragod is further directed to release refilled gas cylinder to each and every consumer within 10 days from the date of booking. Failing which opposite party shall pay Rs.10/- each per day to every consumer, 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/- MEMBER PRESIDENT Exts. A1. Consumer Card A2. Complaint sent by complainant to T.S.O, Kasaragod A3. 07/07/2008 Cash memo issued by opposite party PW1. Sethumadhavan Sd/- Sd/- MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT