KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.834/11

JUDGMENT DATED 12.4.2012

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.M.K.ABDULLA SONA                              --  MEMBER

C.T.Jessy Martha,

D/o Tharu, V/408, Cheerans,

Near Over bridge, Pattambi,                              --  APPELLANT

Palakkad.

   (By Adv.Narayan.R)                                                                                        

                   Vs.

The Proprietor,

Sree Narayana Indane  Service,                        --  RESPONDENT

111/135 C, Anugraha

Thekkemuri, Pattambi, Palakkad.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellant is the complainant in CC 53/10 in the file of CDRF, Palakkad.  The appeal has been allowed directing the opposite party to allot domestic gas  connection within 15 days on production of the ration card.  It is also specified that  the order shall be complied within one month from the date of receipt of the order, failing which the complainant is  entitled for an amount of Rs.5,000/-. The grievance of the complainants is that the order will appear as if on failure to comply with the order  the opposite party is liable to pay Rs.5,000/- only and opposite party will not be bound to comply with the order further  in which case the very purpose of the complaint will be defeated. 

          2. The dispute is with respect to  the alleged 2 domestic gas connections enjoyed  by the complainant.  Evidence was adduced in the matter that consisted of the testimony of PW1, Exts.A1 to A6, B1 to B6 and C1.

          3. It was found that the complainant has  a separate ration card and is residing in a separate accommodation and hence allowed the complaint for a separate gas connection.    All the same, the Forum has directed the complainant to produce the ration card which has been produced before the Forum as Ext.A3 before the opposite party/ gas agency and the opposite party has been   directed to allow the gas connection within 15 days from the date of production of ration card.  It is the further direction that the order shall be complied within one month from the date of receipt of the order, failing which the complainant will be entitled for an amount of Rs.5,000/- that is given rise  to the confusion. 

          4. In the circumstances, the above direction ie; that the order shall be complied within one month from the date of receipt of the order, failing which the complainant is entitled for an amount of Rs.5,000/- is deleted.  The rest of the order of the Forum is confirmed.  The appeal is allowed as above.

          Office is directed to forward the LCR along with a copy of this order to the Forum below urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 M.K.ABDULLA SONA --  MEMBER

SL