IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 15th day of November, 2016
Filed on 11.08.2016
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.257/2016
Between
Complainant:- Opposite Party:-
Sri.Ullas Thiruvonam Indane Service
S/o Mohanan Marrikkkulam North P.O
Kunnumpurathuveli Alappuzha-688 549
Charamangalam
S.N.Puram P.o
Cherthala- 688 582
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant booked for a filled Gas cylinder on 22/07/2016 and booking number was 316151. On 27-07-2016 he got a message from the opposite party that the gas cylinder will be delivered on 2-08-2016. There after the distributor informed the complainant that Gas cylinder will be delivered only on 3rd August 2016. The complaint made so many requests for the said Gas cylinder but the opposite party failed to deliver the gas cylinder. During this period, the complainant’s family depended Wood oven. The non availability of the gas cylinder caused much inconvenience to his family. Alleging deficiency in service on part of the opposite party, the complaint is filed.
2. Notice issued against the opposite party was served. Opposite party appeared before the Forum and submitted that he is willing to settle the matter. There after he did not turn up. Hence the opposite party was set-exparte.
3. The complainant was examined as PW1. The documents produced marked as Ext.A1 and Ext.A2 series.
4. Considering the allegations of the complainant, this Forum has raised the following issues:-
(1) Whether there is any deficiency in service on the part of the opposite party?
(2) Whether the complainant is entitled to get relief sought for?
5. The complainant made booking for the supply of the gas cylinder on 22-07-2016. According to the complainant even though he made so many requests for the delivery of the filled gas cylinder he has not received the gas cylinder. Ext.A2 series show that complainant had booked the gas cylinder and his booking number is 316151. The complainant stated that the opposite party delivered gas cylinder to a customer named Smt. Sumathi on 01/08/2016 who applied on 26/7/2016. In order to substantiate this allegation he has produced the bill of Smt. Sumathi and it marked as Ext.A1. Opposite party did not challenge the allegations of the complainant. Hence from the evidence on the record it is clear that opposite party delivered the filled gas cylinder not in accordance with the booking order. Certainly it will cause much mental agony and harassment to the complainant. The non delivery of filled gas cylinder by the opposite party to the complainant amounts to defect and deficiency in service and the complainant is to be compensated by the opposite party for the same.
In the result the complaint is allowed. The opposite party is directed to deliver the filled gas cylinder to the complainant within 2 weeks from the date of receipt of this order. The opposite party is further directed to pay Rs.2000/-(Two thousand only) towards compensation and Rs. 500/-(Five hundred only) towards cost of the proceedings to the complainant.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in Open Forum on this the day 15th of November, 2016.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Ullas.M (Witness)
Ext.A1 - Delivery Bills
Ext.A2 - Gas booking copies
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
