By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite Parties to pay Rs.4,90,000/- as compensation for the deficiency of service in supplying gas cylinders to the Complainant as per booking by the Opposite parties.

2. Complaint in brief: The Complainant had gas connection to his house in the name of his mother Vilasini as per consumer No.622934. The Complainant was using the gas connection from the Opposite parties from 12.05.2005 onwards. The Complainant's house is situated by the side of Sulthan Bathery Perikkalloor highway at shed – Cheriya kurisu junction. The Opposite parties used to give gas cylinders in front of the house of Complainant always. But the Complainant did not get cylinders for 3 bookings from 27.07.2014 onwards ie on 01.08.2014, 08.08.2014 and 29.08.2014. The complainant had to suffer much difficulties and mental agony due to the non- supply of filled cylinders. The Complainant had to seek other methods for cooking. Aggrieved by this, the complaint is filed.

3. On receipt of complaint, notices were issued to 1^st Opposite Party and 1^st Opposite party did not appear and did not file version and 1^st Opposite party is set exparte. The 2^nd Opposite party appeared before the Forum and filed version. In the version of 2^nd Opposite Party, 2^nd Opposite party stated that the house of Complainant is situated at Cheeyambam, Pulpally and the reason for the non-supply of gas cylinder to the Complainant is due to variations and confusion in the address details and delivery point given by the Complainant. When the delivery boys went to the shed point, they could not see the Complainant or anyone with unfilled cylinder. So they could not supply filled cylinder. The Complainant has to change the address of shed point to Cheeyambam point. More over, the Complainant has to provide his mobile number instead of land line number. There was no deliberate latches from the part of 2^nd Opposite party. The non- supply is due to the mistake of the Complainant alone.

4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.

1. Whether there is deficiency of service from the part of Opposite party?

2. Relief and cost.

5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A5. The 2^nd Opposite Party filed proof affidavit and is examined as OPW1 and Exts.B1 to B2 is marked. In the cross examination of 2^nd Opposite party, the 2^nd Opposite Party deposed before the Forum that the house of Complainant situates between shed and Cheriyakurisu and the statement made in the affidavit that the house is situated at Cheeyambam is wrong. More over, the 2^nd Opposite party deposed that the company fixes the delivery point on the basis of address furnished by the Complainant. The 2^nd Opposite party again deposed that the Complainant gets delivery from 05.08.2004 onwards and the confusion in the delivery point arised now is due to the appointment of the new delivery man in the area. The new delivery man do not know the complaint and hence the delivery could not be effected. By going through the entire evidence and documents, the Forum found that the real reason for non-delivery of gas cylinder to the Complainant is due to the change of delivery man in the area and this new delivery man do not know the Complainant and the house of Complainant. The Complainant was getting correct delivery earlier. It is the duty of Opposite Parties to deliver filled cylinders to the customers on booking. If a new delivery man is appointed in the area, it is the duty of the Opposite parties to teach him each and every delivery points as per customers address. The Opposite parties failed to do so and the Complainant was put to great sufferings. So the Forum found that there is deficiency of service from the part of 1^st Opposite party is performing their duty. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of complainant, the Complainant is entitled to get cost and compensation.

In the result, the complaint is partly allowed and the Opposite Parties are directed to pay Rs.10,000/- (Rupees Ten thousand) only as compensation for the mental agony and financial loss sustained to the Complainant and Rs.3,000/- (Rupees Three thousand) only as cost of the proceedings. The Opposite parties shall jointly and severally liable to pay the above amounts to the Complainant within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 1^st day of October 2015.

Date of Filing:18.09.2014.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Sreeni. K.K Complainant.

Witness for the Opposite Parties:

OPW1. Vinu. Delivery Man, Reliance Gas,

Sulthan Bathery.

Exhibits for the complainant:

A1. Refill Booking Delivery History – Last Ten Booking.

A2. Complaint.

A3. Invoice No.33853. dt:10.08.2014.

A4. Copy of Gas Pass Book (1^st Page).

A5. Copy of Aadaar Card.

Exhibits for the opposite Parties.

B1. Authorisation. dt:15.09.2015.

B2. Detailed Booking and Supply details.