BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENA KUMARI .A : MEMBER
SMT. S.K. SREELA : MEMBER
C.C. No. 390/2012 Filed on 09/11/2012
Dated: 31..01..2013
Complainant:
Arifa Beevi, Kalluvilaveedu, Chempummoola, Azhoor Village, Azhoor Desom, Thiruvananthapuram.
(By Adv. A. Sabeer)
Opposite party:
The proprietor, Thampuratty Gas Agency, Authorised agency of Indian Oil Corporation, Mudapuram – P.O., Chirayinkeezhu Taluk. Thiruvananthapuram.
This O.P having been heard on 10..12..2012, the Forum on 31..01..2013 delivered the following:
ORDER
SHRI.G. SIVAPRASAD, PRESIDENT:
The facts leading to the filing of the complaint are that, complainant is the customer of the opposite party vide consumer No. 10277 and S.V No: 11173920009810, Thampuratty Gas Agency, Authorised agency of Indian Oil Corporation, Chirayinkeezhu Taluk, that complainant used to book the cooking gas through mobile phone as directed by the Indian Oil Corporation and usually the opposite party would bring the cylinder to the residence of the complainant by vehicle service, that complainant booked cylinder from her mobile phone vide connection No. 9961824365, that after booking the same the complainant got refill order No. 200024, before that complainant got cylinder only on 28/04/2012, that thereafter till 17/09/2012 complainant did not receive any cylinder from the gas agency, that complainant got a message from IOC that the refill delivery date is 01/09/2012 and a cash memo No. 2961 since opposite party did not deliver refill cylinder in pursuance to message, the complainant sent an Advocate notice on 17/09/2012 and on 18/09/2012, opposite party in a hurry supplied the gas cylinder to the complainant and attempted to enter the pre date in the consumer book which was thwarted by the complainant, that opposite party entered the date of delivery as 18/09/2012, but refused to give the bill to the complainant, that opposite party and his employees misused the power and the cylinder allotted to the complainant had given to somebodyelse in violation of the assurance, that the act of the opposite party is nothing to deficiency in service. Hence this complaint to direct opposite party to pay compensation of Rs. 25,000/- to the complainant.
2. Opposite party has not turned up despite service of notice from this Forum nor has opposite paty filed version. Hence opposite party remained exparte.
3. In support of the complaint, Authorisation Holder of the complainant has filed proof affidavit as PW1 and has marked Exts. P1 to P4. In his affidavit PW1 has mentioned that after delivery of the refill cylinder on 28/04/2012 opposite party did not attempt to deliver refill cylinder till 17/09/2002. Complainant has produced copies of the relevant documents. Ext. P1 is the copy of the Domestic Gas Customer Card issued by the opposite party to the complainant. Complainant has also furnished the original customer card we compared the Ext. P1 with the original customer card and found that Ext. P1 is the copy of the original customer card. On perusal of Ext. P1 it is seen that opposite party had delivered refill cylinder on 28/04/2002, thereafter opposite party delivered refill cylinder only on 18/09/2012. The very case of the complainant is that opposite party misused power and cylinder allotted to complainant has given to somebody else at higher price. Further there is no response from the opposite party even after repeated queries from the complainant. It has been argued by the complainant that opposite party never supplied cylinder in proper time and there is restriction to the booking also. It is argued by the complainant that complainant got mobile message by the IOC that refill delivery date is 01/09/2012. Even after the said message opposite party took 18 days to supply refill cylinder. Ext. P2 is the copy of Advocate notice to the opposite party. Ext. P3 is the postal receipt. Ext. P4 is the acknowledgement card. The very allegation of the complainant is that on 18/09/2012 opposite party in a hurry supplied the gas cylinder to the complainant and attempted to enter the pre date in the consumer book, but the same was thwarted by the complainant. Opposite party also refused to give bill to the complainant. It should be mentioned that as a consumer of the opposite party, complainant is entitled to get the bill for the refill cylinder supplied by the opposite party. Sometimes there may be shortages in the supply of refill cylinder, in such situation, it is the duty of the opposite party to inform the complainant the reason for delay in delivery of the refill cylinder. Opposite party has to respond to the booking made by the complainant. Herein as per documents available on record we find that opposite party has not responded positively to the complainant towards the booking made by her. We cannot afford to overlook the allegation raised by the complainant against the opposite party. Further even after receipt of notice issued by this Forum opposite paty has never turned up nor has opposite party filed version to challenge the allegation raised by the complainant. Complainant has not been cross examined as such the affidavit filed by the Authorisation Holder of the complainant remains unchallenged or uncontroverted thereby we find the allegation raised by complainant against the opposite party stands proved. Opposite party had not delivered refill cylinder in proper time we can imagine how much agony and inconvenience experienced by the complainant herein. The act of the opposite paty in not delivering the refill cylinder in time without sufficient reason for delay in delivery would definitely amount to deficiency in service for which complainant is entitled to compensation which we fix at Rs.2,000/-
In the result, complaint is allowed. Opposite party shall pay the complainant a sum of Rs. 2,000/- towards compensation within one month from the date of receipt of this order. Complainant shall bear and suffer her cost.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of January, 2013.
sd/-
G. SIVAPRASAD,
PRESIDENT. sd/-
BEENA KUMARI .A,
MEMBER.
sd/-
S.K. SREELA,
ad. MEMBER.
C.C.No: 390/2012
APPENDIX
I. Complainant's documents:
P1 : Copy of domestic gas customer card, customer No; 10277 issued by the opposite party.
P2 : Copy of Advocate notice dated 17/09/2012
P3 : Postal receipt
P4 : Acknowledgement card
II. Complainant's witness:
PW1 : Shanavas
III. Opposite party's documents : N I L
IV. Opposite party's witness : N I L
sd/-
PRESIDENT
