By Miss. R. K. Madanavally, Member
Facts in brief:-
1. The complainant's son is the consumer under opposite party as No.20487. They had got a letter from the opposite party that, the opposite party had sanctioned the 2nd cylinder in favour of the complainant when the complainant approached the opposite party with the above letter, it was informed by opposite party that there was no stock at that time. Many a times the complainant approached the opposite party but it was of no avail. The complainant alleges that the above cylinder was transferred by the opposite party to some other consumers and this is the usual practice of the opposite party and they are earning lakhs and lakhs by doing these practice.
2. The opposite party appeared and filed a detailed version by denying the entire averments. According to the opposite party, since, the complainant had filed an earlier petition before Legal Service Authority and it was closed by them, this 2nd complaint is barred by Res-Judicata. Opposite party admitted that the complainant's son is their consumer and he had applied for the 2nd cylinder before them. In the letter sent by opposite party, the complainant was directed to produce he Original Connection Paper, ID Proof, Ration Card and Original booking slip. Opposite party alleges that the complainant had not produced all the above documents. In order to provide the 2nd cylinder, some documents along with a deposited amount of rs.1,450/- Refill charge of Rs.440/- and an administration charge of Rs.50/- has to be paid by the complainant. The complainant informed the opposite party hat he subscription voucher was lost from his custody. In the Adalath the opposite party had advised him to produce a Notorised Affidavit for the same.
3. Moreover, the opposite party had given an undertaking that, if the complainant is ready to produce the documents and concerned fees, they are ready to provide the 2nd cylinder. No deficiency is committed by them and so the complaint is liable to be dismissed with cost.
4. Now the main points in issues arises for our consideration are:-
(ii) If so relief and costs.
(i) Whether the opposite party is deficient in service?
5. Point No.(i) & (ii):-
The complainant was examined as PW1. The documents produced by the complainant were marked as Ext.A1 to Ext.A3. Ext.A3 is the letter issued by the opposite party in favour of the consumer ie., Saifudheen. In the Ext.A3, the opposite party had demanded the Original Connection Paper, Subscription voucher (50), ID Proof, Ration Card (Original) and the booking slip. The complainant was requested to produce the above documents. The contentions taken by the opposite party in the version was denied by the complainant. The opposite party is still ready to provide the 2nd cylinder, if the complainant is producing the documents.
Each and every consumer is entitled to get the 2nd cylinder. Now a days cooking gas is an essential commodity and so we are not going to the technicalities which were pleaded in the version such as Res Judicata and non-jointer of necessary parties. The one and only thing is decided here is whether the complainant is entitled to get a second cylinder. If he is entitled, then, what are the procedures to be complied. The opposite party had admitted that 2nd cylinder was sanctioned tot he complainant. As the complainant had not produced the necessary documents, they had not issued the 2nd cylinder. The complainant, while he was cross examined deposed “നിങ്ങള് Original Subscription Voucher ഹാജരാക്കിയിട്ടുണ്ടോ(Q). അങ്ങനെയൊരു കടലാസ് അവര് എന്നോട് ആവശ്യപ്പെട്ടിട്ടില്ല.” The complainant's case is hat he above facts ie., the production of subscription voucher, was informed by Legal Service Authority not by the opposite party.
7. It is true that if the original Subscription Voucher is lost, the complainant has to be produced a Notorised Affidavit.
8. Hence in the interest of Justice, we are passing the following order.
(i) The complainant/consumer is directed to produce the documents which were mentioned in the Ext.A3.
(ii) If the subscription Voucher is lost, the complainant has to produce a notorised affidavit to that effect.
(iii) The opposite party shall consider the application immediately and 2nd cylinder shall be given to the complainant within 10 days of the receipt of the above documents.
(iv) Opposite party shall pay an amount of Rs.1,000/-(Rupees One thousand only) to the complainant as compensation and a cost of Rs.500/-(Rupees Five hundred only) within one month from the date of receipt of copy of this order.
Dated this 16th day of July, 2014.
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K. MOHAMMED ALI, PRESIDENT
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R. K. MADANAVALLY, MEMBER
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MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Muhammed, complainant.
Documents marked on the side of the complainant : Ext.A1 to A3
Ext.A1 : Photo copy of the Election ID Card of complainant's son.
Ext.A2 : Photo copy of the Refill receipt book.
Ext.A3 : Letter from opposite party to Saifudheen.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
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K. MOHAMMED ALI, PRESIDENT
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R. K. MADANAVALLY, MEMBER
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MINI MATHEW, MEMBER
