Haryana

StateCommission

A/879/2015

RANDHIR GAS AGENCY - Complainant(s)

Versus

USHA - Opp.Party(s)

NITESH SHARMA

16 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :       879 of 2015

Date of Institution:       14.10.2015

Date of Decision :        16.11.2015

 

 

Randhir Gas Agency, Karnal Road, Near Secretariat, Kaithal, Tehsil and District Kaithal through its Proprietor Randhir Singh.

                                      Appellant-Opposite Party No.1

Versus

 

1.      Usha wife of Sh. Tainta @ Om, resident of House No.391, VPO Keorak, Tehsil and District Kaithal (Haryana).

Respondent-Complainant

2.      Prrachi Gas Bottling Private Limited, 1/11A, Om Heera Panna Shopping Mall, Near Osiwara Police Station, Andheri (West), Mumbai- 400053 through its Director.

Respondent-Opposite Party No.2

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:              Shri Nitesh Sharma, Advocate for the appellant

 

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Randhir Gas Agency-opposite party No.1 (appellant) is in appeal against the order dated September 04^th, 2015 passed by District Consumer Disputes Redressal Forum, Kaithal (for short ‘District Forum’) whereby complaint filed by Usha –complainant was allowed.  For facilitation, operative part of the order is reproduced as under:-

          “7.     Thus, in view of above discussion, we allow the complaint partly and order that the Ops are jointly and severally liable to pay Rs.2400/- the returnable amount to the complainant, subject to the condition that the complainant will return the cylinder taken at the time of gas connection.  The Ops are also burdened to pay Rs.2200/- as lump sum compensation on account of harassment, mental agony and costs of litigation charges.  Let the order be complied with within 30 days from the date of communication of this order, failing which, the complainant shall be entitled to interest @ 8% p.a. from the date of commencement of this order till its payment……”

 

2.      Complainant had taken a gas connection from the appellant on December 06^th, 2012.  The appellant could only supplied two gas cylinders, that is, on March 28^th, July 13^th, 2013, a fact which is not in dispute.  Thereafter, appellant stopped supplying gas cylinders.  Hence, the complaint.   

3.      The appellant in its reply pleaded that the opposite party No.2 supplied the gas cylinders for 4-5 months and thereafter stopped the supply.  The appellant was not authorized to act independently.  There was relationship of principal and agent between it and the opposite party No.2. 

4.      The only plea raised by learned counsel for the appellant is that the appellant was authorized dealer and distributor of opposite party No.2.  Since opposite party No.2 stopped supplying gas cylinders, so, appellant could not supply the gas cylinders to the complainant.  The contention is untenable in view of the fact that appellant was authorized dealer of opposite party No.2 and the gas connection was released by the appellant to the complainant.  So, it cannot escape from it’s liability. The amount as security was deposited by the complainant with the appellant as stated by the learned counsel for the appellant.  As such, complainant was entitled to the amount deposited by her. 

5.      In this view of the matter, order under challenge requires no interference.  The appeal is dismissed. 

6.      The statutory amount of Rs.2475/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.    

 

 

Announced 16.11.2015

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

UK