IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 18th day of November, 2015
Filed on 27.02.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.68/2015
between
Complainant:- Opposite Party:-
Smt. N.P. Devakiamma The Proprietor
Paradayil Venu’s Gas Agency
Vishavarsserikkara, Mannar Mannar
Kurattisseri Village (By Adv. R.Vijayakumar)
Chengannur Taluk, Alappuzha Dt.
Represented by Smt. Sindhu
-do- -do-
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is a consumer of the opposite party. The power of attorney holder Sindhu is the daughter-in-law of the complainant. Complainant made a booking for the supply of a filled gas cylinder with the opposite party on 19.10.2014 and the booking No. is 2000072321. On 26.11.2014 she enquired about the delivery of the gas cylinder and came to know that they are supplying the cylinder to those who booked on September. Thereafter the complainant made so many requests for the delivery of the filled gas cylinder, but to no avail. On 16.12.2014 she got a notice showing that the distributor reached the house with the cylinder. Accordingly she contacted the office directly and was informed that gas will be supplied on next week. But the complainant did not get the gas as promised by the opposite party. Thereafter on 26.12.2014 the power of attorney holder reached the office of the opposite party with the empty cylinder. But the opposite party talked unfilthy language and threatened her. Hence the complainant made complaint before the Sub Inspector, Manner Police Station on 26.12.2014 itself. Accordingly on the direction of the Chengannur Taluk Supply Officer, she got filled gas cylinder on 26.12.2014 4 p.m. The delay occurred in delivery of the gas cylinder to the complainant amounts to unfair trade practice from the part of the opposite party and also caused much inconveniences and hardships to the complainant. Hence the complaint is filed.
2. The version of the opposite party is as follows:-
The complainant was not given the gas cylinder due to the lack of cylinder in stock.On 16.12.2014, opposite party tried to deliver the gas cylinder to the complainant, but there was nobody in the house, opposite party failed to deliver the gas cylinder.There was no deficiency in service on the part of the opposite party.
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5. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) If so the reliefs and costs?
6. It is an admitted fact that the complainant is a consumer of the opposite party and she made a booking for the supply of the gas cylinder on 19.10.2014. According to the complainant even though she made so many requests for the delivery of the filled gas cylinder, the opposite party delivered the gas only on 16.12.2014. Another allegation of the complainant is that the opposite party delivered the gas cylinder on 16.12.2014 to the customer No. 19214 who booked on 15.11.2014. In order to prove that the allegation, complainant has produced the delivery receipt issued by the opposite party to Smt. Rajani. R. Pillai and it marked as Ext.A2. Ext.A2 shows that the booking date of the gas cylinder was on 15.11.2014 and it was delivered on 18.12.2014. Opposite party did not make any objection in marking this document. The contention of the opposite party is that the delay occurred in delivering the gas cylinder was due to the lack of filled cylinder in their possession. In order to prove that contention, the opposite party has produced the inspection report of the Taluk Supply Officer, Chengannur issued to Mr. Gopinadha Panicker. On verifying the report, we came to see that it was a reply letter given by the Chengannur Taluk Supply Officer to Mr. Gopinadha Panicker on his complaint against the opposite party. But it was not proved by examining the Taluk Supply Officer who issued the said letter. The Ext.A2 shows that opposite party delivered the gas cylinder to the customer who applied on 15.11.2014 within one month. But Ext.A1 shows that the opposite party delivered the gas cylinder very late to the complainant who booked on 19.10.2014. The reply given by the opposite party for the delay in delivering the filled gas cylinder to the complainant is not satisfactory. According to the complainant on account of the negligence on the part of the opposite party in delivering the gas cylinder, she had to suffer a lot. In order to prove that allegation, she produced the complaint that she filed before the S.I. of police, Manner and it marked as Ext.A6. She further submitted that in the absence of the delivery of duly filled gas cylinder within the reasonable time after booking, she had to depend wood oven and that caused eye sickness. In order to prove that she produced her leave application for the period from 11.12.2014 to 29.12.2014 and which marked as Ext.A7. It is an admitted fact that the filled gas cylinder against the booking of the complainant dated 10.10.2014 was delivered on 24.12.2014. This means that there was negligence on the part of the opposite party. The opposite party was thus clearly deficient in rendering service to the complainant. As a result she suffered a lot of mental agony and harassment. The inordinate delay committed by the opposite party in delivering the gas cylinder to the complainant amounts to unfair trade practice and complainant is to be compensated for the same.
In the result, complaint is allowed. The opposite party is directed to pay an amount of Rs.3000/- (Rupees three thousand only) to the complainant. The opposite party is further directed to pay an amount of Rs.1000/- (Rupees thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 18th day of November, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Sindhu.S. (Witness)
Ext.A1 - Delivery receipt of Devakiamma
Ext.A2 - Delivery receipt of Rejani R. Pillai
Ext.A3 series - Two covers
Ext.A4 - Prescription of Dr.George P. Mathai, Eye Specialist
Ext.A5 - Patient detail bills (5 pages)
Ext.A6 - Copy of the complaint before the S.I. of Police, Mannar
Ext.A7 - Copy of the application for leave
Ext.A8 - Copy of the letter dated 18.5.2015
Ext.A9 - Copy of the application with signatures of the customers of Venu’s
Gas Agency
Ext.A10 - Delivery receipt
Evidence of the opposite party:-
RW1 - Soman. P. (Witness)
Ext.B1 - Power of attorney
Ext.B2 - Certified True copy of the letter dated 16.12.2014 (Subject to objection)
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
