BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER O.P.No. 150/2005 Filed on 11.05.2005 Dated : 30.08.2008 Complainant: Nandakumar.J, Nirmala Cottage, N.S.S Lane, Anayara P.O, Thiruvananthapuram. (By adv. L. Sathy) Opposite parties: 1.Vidya, Petro Bonus Team, Bharat Petroleum Corporation Ltd., Titanium P.O, Kochuveli, Thiruvananthapuram. 2.M/s Gopalakrishnan Fuels, Dealer, Bharat Petroleum, Near General Hospital, Thiruvananthapuram. (By adv. S.Y. Mohankumar Kiran) This O.P having been heard on 22.07.2008, the Forum on 30.08.2008 delivered the following: ORDER SMT. BEENAKUMARI.A: MEMBER The case of the complainant is as follows: The complainant applied for a petro bonus card to the Bharath Petroleum Pump near General Hospital on August 2004 and he paid Rs. 250/- for that purpose. And he was issued the membership number 7241760840576550. But the complainant never received a petro bonus card from the opposite parties till now. Moreover the complainant has received two statements by post which shows that he used this card. The complainant's repeated demands and requests for the card were denied by the opposite parties though the opposite parties had promised to issue the same within a period of one week. At last on 19.04.2005 the complainant sent a lawyer's notice to the 1st opposite party. But there was no reply. As per the complainant the act of the opposite parties caused mental agony and sufferings. Hence he filed this complaint before this Forum. The opposite parties are ex-parte. Complainant has filed proof affidavit and produced four documents. Points to be ascertained: (i)Whether there is unfair trade practice and deficiency in service from the part of opposite parties? (ii)Whether the complainant is entitled to get reliefs and costs? In this case the complainant has produced 4 documents to prove his case. The documents produced by the complainant were marked as Exts. P1 to P4. Ext. P1 is the copy of advocate notice issued by the complainant to the 1st opposite party. Exts. P2 and P3 are the statements sent by the opposite parties to the complainant which shows that there is no transaction. Ext. P4 is the terms and conditions and receipt of Rs. 250/- received by the opposite parties. Through these documents and evidence adduced by the complainant this Forum finds that the complainant's case is true and there is unfair trade practice and deficiency in service occurred from the side of opposite parties. Hence the opposite parties are jointly and severally liable to compensate their act. In the result, this forum allows the complaint and directed the opposite parties to refund Rs. 250/- to the complainant and also to pay Rs. 1000/- as compensation and Rs. 1000/- as costs. Time for compliance two months, thereafter the opposite parties shall pay interest at the rate of 12% per annum to the above said amount till the date of realisation. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th August 2008. G. SIVAPRASAD, President. BEENAKUMARI. A : MEMBER S.K. SREELA : MEMBER O.P.No. 150/2005 APPENDIX I COMPLAINANT'S WITNESS : PW1 - Nandakumar II COMPLAINANT'S DOCUMENTS : P1 - Copy of advocate notice issued to the 1st opposite party by the complainant. P2 - Original Petromiles Statement dated 28.02.2005 of Petro Bonus Membership No. 7241760840576550. P3 - Original Petromiles Statement dated 30.11.2004 of Petro Bonus Membership No. 7241760840576550. P4 - Original Petro Bonus Petro Card Form No. 4348320. III OPPOSITE PARTIES' WITNESS : NIL IV OPPOSITE PARTIES' DOCUMENTS : NIL PRESIDENT
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
