Date of filing : 12-03-2010
Date of order : 07-01-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C.57/2010
Dated this, the 7th day of January 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Abdulla,
S/o.Andunhi,
Mallavara House, } Complainant
Adhur Village and Post,
Kasaragod taluk and Dist.
(In Person)
Proprietor,
Blue Flame Agencies, } Opposite party
Kalanad Complex,
Railway Station Road,
Kasaragod.
(Adv. K.Balakrishnan, Kasaragod)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Case of the complainant is that the opposite party is causing inordinate delay in the supply of refilled gas cylinder even though there was an earlier order in his favour in CC.241/08 to supply refilled gas cylinder within 10 days from the date of booking or to pay `10/- each per day from the 10th day of booking the cylinder till date of delivery..
2. Opposite party filed version. According to opposite party they are delivering the refilled gas cylinders without any delay and for that purpose they had opened extension counters in different localities to supply gas cylinders to the customers. The said extension counters were aimed to deliver gas cylinder to the customers where there is no motorable roads to supply the cylinders at their door steps. During those time the opposite party had delivered gas cylinders to the complainant through the extension counter at Cherkala but later such extension counters were abolished. There was no motorable road to the residential house of the complainant. Hence the complainant instructed the opposite party to supply his gas cylinder at his friend’s shop at Cherkala and he agreed to collect to the same from there. Later the complainant asked the opposite party to supply the gas at his house. As per the instruction the opposite party tried to contact the complainant by phone but he had not received the phone. The complainant admitted that there is no motorable road to his house. The complainant booked for gas cylinder on 30-12-2009 and opposite party tried to supply gas on 9-2-2010. Since the opposite party not knowing the residence of the complainant they could not supply the gas cylinder. So the complainant again booked the gas cylinder on 24-04-2010 and the gas is supplied on 28-04-2010 They used to effect door delivery of gas cylinders to the concerned consumers within time subject to the availability of gas cylinders. They are not making any deliberate or willful delay in supplying the filled gas cylinders to the concerned consumers. Hence there is no deficiency in service and the complaint is liable to be dismissed.
3. Complainant filed proof affidavit and cross examined by learned counsel for opposite party as PW1. Exts A1 & A2 marked on his side. No evidence adduced by opposite parties. Both sides heard. Documents scrutinized.
4. Complainant during cross-examination has stated that there is road access to his home and obtained the refilled cylinder only after 120 days from the date of booking.
5. It is deplorable to note that the opposite party so far did not take any efforts to improve the service through in several complaints filed against them directions were given to deliver the gas cylinders without delay.
6. The Hon’ble Kerala State Commission recently in the appeal No.507/2009 in the case of Bharath Petroleum V P.V. Balan decided on 24-03-2010 has held that the consumers are entitled to get 10 per day from the next day of booking the gas cylinder till delivery. But inspite of such directions opposite party still continuing their lethargic approach violating all canons of laws & rules including the Liquified Petroleum Gas (Regulation of Supply & Distribution) order 2000.
7. Even according to opposite party the complainant booked for the refilled gas cylinder on 31st December 2009 and they prepared to deliver it on 9-2-2010 that is 40 days after booking. This is in violation of the earlier order passed in CC 241/08 filed by the same complainant. This would goes to show that opposite party is not caring to obey the lawful orders passed by the competent authorities which warrants interference.
8. The contention that the opposite party could not locate the house of the complainant from 9-2-2010 to 28-4-2010 is also indigestable even if it is admitted that opposite party is attempted to deliver the refilled gas cylinder on 9-2-2010 i.e. after 40 days from the date of booking. Further there is absolutely no evidence produced to show that the opposite party had tried to contact the complainant on 9-2-2010 with refilled gas cylinder. Had the opposite party got a case that the delay in delivery is due to the non-availability of the refilled cylinders from the Oil Companies then opposite party ought to have take steps to implead them in the party array. In the absence of the same no excuses pleaded by the opposite party is acceptable and hence the delay in delivery of the gas is only due to the deficient nature of service rendered by opposite party.
9. Therefore the complaint is allowed and opposite party is directed to deliver the refilled gas cylinder in the home of the complainant on the next day of booking the gas cylinder. Failing which the complainant can approach this Forum by filing Execution Applications each and every time of booking the cylinder if it is not delivered on the next day. In that event opposite party will be liable to bear the costs of such proceedings also.
The opposite party is further directed to pay `3,000/- as compensation and `2,000/- as costs to the complainant within 30 days from the date of receipt of copy of order. Failing which `3,000/- carry interest @ 12% per annum. Opposite party is also liable to pay `1,200/- to the complainant for the 120 days delay in delivering the gas cylinder.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. Photocopy of 1st page of the customer card.
A2. Photocopy of the order passed by the Forum in CC.241/2008.
PW1. A.Abdulla.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
