IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC 101/2015.
Date of Filing: 10.08.2015. Date of Final Order: 10.02.2016
Complainant: Aishwarya Sen, C/O Subrata sen, Vill. Tilipara, P.O.& P.S. Jiaganj,
Dist. Murshidabad. Pin 742123.
-Vs-
Opposite Party: 1. The Proprietor, Jiaganj-Azimganj Gas Service, Nehalia, Tantipara, P.W.D. Road
Side, P.O.& P.S. Jiaganj, Dist. Murshidabad. Pin-742123.
2. The Regional Manager, Bharat Petroleum Corporation Limited,
Flat No. 31, Bharat Bhawan, Kill Scheme 118, Prince Galam Shah Road,
Golf Green, Kolkata-700095.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986, in brief, is that the complainant is a consumer under the OP Nos. 1& 2 from 11.06.2015, but after booking the cylinder was not delivered by the OP No.1. Then the complainant met with the OP and the OP informed that her subsidy was cancelled. So, fresh copy of savings pass book and consumer book are required. The complainant submitted the papers and waited some days, but did not get the gas cylinder. The OP assured her and a gain asked to wait for 10-15 days and after two times repetition the OP asked to submit the original Consumer Card and S.V. Copy. The complainant complied the instruction but instead of gas cylinder she got harassment and ultimately heard that the connection was surrendered by the OP. The complainant became astonished that without her consent and sending any notice, how the connection was surrendered by the OP. Due to this act of OP, the complainant has facing a big trouble with her family. The complainant stated that this is a deficiency in service on the side of the OP and so she came to this Forum for proper redress.
On the other hand, the Opposite Parties are absent in spite of receiving notices. Hence , the case has been taken up for ex parte hearing.
The only point for consideration is that whether there is any deficiency in service on the part of the Ops or not and or whether the complainant is entitled to get any relief or not.
Decision with reasons.
It is pertinent to mention that the complainant has submitted some documents along with evidence –on-affidavit in support of her case.
Perused the documents on the record, we observe red that the complainant is a consumer of the Ops with a valid registration paper issued by the Ops.
Besides this the complainant has filed this case for non-delivery of gas cylinder and after a long harassment ultimately surrendered the connection by the OP without consent of the complainant. All those allegations are evident with a letter submitted by the complainant which was received by the OP.
The case being taken up for ex parte hearing. So, there is no scope to rebut the evidence of the complaint.
Relying upon the evidence adduced by the complaint and also considering the documentary evidence as to entitlement of gas supply being Consumer No. 49088166 under the Ops, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for delivery of gas cylinder to her by the OPs.
Order
Hence, it is ordered that the Consumer Complaint No. 101/2015 be and the same is hereby allowed ex parte without any order as to cost.
The OP Nos. 1&2 are directed to accordingly to regularize the supply of refilled gas cylinder to the complainant as per rule within 20 days from the date of receipt of this order, failing which both the Ops have to pay @Rs.50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary/registered post to the concerned parties as per rules, for information and necessary action.
