judgements Fort Road,Kasaragod consumer case(CC) No. CC/08/52
P.A.Hameed
...........Appellant(s)
Vs.
The Manager
...........Respondent(s)
BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi
Complainant(s)/Appellant(s):
1. P.A.Hameed
OppositeParty/Respondent(s):
1. The Manager
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of filing : 29-05-2008 Date of Order : 14-08-2008 IN THE CONSUMER DISPUTES REDRESSAL FORUM,KASARAGOD CC.52/08 Dated this, the 14th day of August 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI ; MEMBER SMT.P.P.SHYMALADEVI : MEMBER P.A. Hameed, S/o.Abdul Rahiman, R/at Thayath Manzil, Kottikulam, } Complainant Bekal.Po, Kasaragod Taluk. The Manager, Madonna Gas Agencies, Central Marketing Complex, } Opposite party Opp: Kailas Theatre, Kanhangad. O R D E R SRI.K.T.SIDHIQ, PRESIDENT Shortly stated the case of the complainant Hameed is that he booked for a domestic gas connection on 19-05-1993 with Madonna Gas Agencies, the opposite party herein. But the connection is not released till date. Even though Hameed approached to Madonna Gas Agencies enquiring about the release of gas connection and notices were issued but no favourable reply received and the connection is not released. Hence the complaint alleging deficiency in service and unfair trade practice on the part of Opposite parties. 2. Opposite party, Manager, Madonna Gas Agencies filed version. According to him all waiting list in respect of booking of gas connection till 1-12-99 were provided to customers. The complainant was intimated about the release of gas connection on 17-05-2000. But he did not turn up. Apart from serving individual notice advertisement were given in local dailies intimating all prospective customers to avail their gas connection. According to Madonna Gas Agencies, the complainant had already availed gas connection from Jawala Gas, Kalanad and suppressing this he filed this complaint. 3. On the side of Hameed, Exts A1 to A4 marked. Exts B1 to B5 were marked on the part of Madonna Gas Agencies. 4. The Ext.A1 is the Registration for HP Gas installation . On the over leaf of Ext.A1 there are 4 conditions printed in which 2nd condition is that Only those customers who are not in possession of LPG connections are entitled for registration for a fresh HP Gas connection and the customer is expected to satisfy this condition. If on subsequent verification it is found that the customer is already having a gas connection such registration shall stand cancelled. 5. According to Madonna Gas Agencies Mr.Hameed already availed gas connection from Jawala Gas, Kalanad. Mr. Hameed has not denied this contention by tendering any evidence. Further Exts.B1 to B5 would goes to show that Madonna Gas Agencies has issued notice to Mr.Hameed under certificate of posting intimating the release of connection as on 17-05-2000. Exts B4 and B5 are the copies of local dailies in which the advertisements intimating the prospective customers to avail gas connection is made. We do not find reason to disbelieve the documents produced by opposite party. 6. Mr. Hameed has filed this complaint in the year 2007 after 14 years of registration of gas connection. His averment that he frequently visited the Madonna Gas Agencies earlier is not believable in view of Exts B1 to B5. Therefore we do not find any deficiency in service on the part of Manager, Madonna Gas Agencies and the complaint therefore fails and hence dismissed. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.19-05-03 Registration for HP Gas installation. A2. 21-11-06 copy of lawyer notice A3& A4. Postal acknowledgment. B1.Receipt of Under Certificate of Posting B2.Returned cover.2 B3.Letter Dt.28-8-02 of HPCL B4. Janmadesom daily 29-8-000. B5. Latest daily dt.29-08-2000 Sd/- Sd/- Sd/- MEMBER MEMBER MEMBER Pj/
