BEFORE THE DISTRICT FORUM (UNDER CONSUMER PROTECTION ACT, 1986) SANGAREDDY, MEDAK DISTRICT.
Present: Sri P.V.Subrahmanayma, B.A.B.L., PRESIDENT
Sri Mekala Narsimha Reddy, M.A.,LL.B.,
P.G.D.C.P.L. Male Member
Thursday, the 9th day of July, 2009
CC.No. 8 of 2009
Between:
Ch. Nagender S/o Malhari, aged 56 years,
R/o H.No. 4-9-40, Prashanthnagar Colony,
Sangareddy.
….. Complainant
And
1. Vinay Gas, (Bharath Gas) Mail Road,
Sangareddy, Rep. by its distributor.
2. District Collector, Medak at Sangareddy.
3. Joint collector, Medak at Sangareddy.
4. District Civil Supply Officer, Sangareddy.
5. Area Manager Bharath Gas, Near Clock Tower,
Secunderabad.
….Opposite parties
This case came up for final hearing before us on 03.07.2009 in the presence of Sri. Padma Rao, advocate for complainant and Sri. K. Krishna Rao, advocate for the opposite party No. 1, Sri K. Narsing Rao, Government Pleader for opposite party Nos. 2 to 4, opposite party No. 5 being absent, on perusing the record and having stood over for consideration till this day, this forum delivered the following:
O R D E R
(Per Sri. P.V. Subrahmanyam, President)
This complaint is filed Under Section 12 of Consumer Protection Act, 1986 to give suitable orders to opposite parties Nos. 1 and 5 to supply gas to the complainant immediately, without replacing the defective cylinder and send the existing cylinder to laboratory for testing and order compensation of Rs. 50,000/- for mental agony and Rs.10,000/- towards damages and costs.
The averments in the complaint in brief are as follows:
1. The complainant has gas connection No. 1017 with opposite party No.1. He booked for gas on 04.12.2008 and gas was supplied to him on 13.12.2008. After expire of the stipulated period, the complainant again booked for extra cylinder on 05.01.2009. The cylinder supply on 13.12.2008 was connected on 14.12.2008 but that cylinder was not having gas. Then the complainant informed opposite party No. 1 who sent his mechanic. The mechanic checked the cylinder and informed that it was defective and the gas might have been mixed with water. Opposite party No. 1 failed to replace the cylinder, inspite of complainant’s request. From 14.12.2008 the complainant could not prepare food for his family consisting of five members and they had to depend upon Janapriya hotel and there by incurred Rs. 300/- per day. The extra cylinder also was empty on 05.01.2009. Opposite party Nos. 1 and 5 did not take any steps inspite of complaints to them by the complainant. The complainant is aged about 57 years and he is a kidney patient. He maintains diet control and under going treatment in Care hospital, Hyderabad. The conduct of opposite party Nos. 1 and 5 amounts to deficiency in service and negligence for which they are liable to pay damages and compensation of Rs. 50,000/- . Hence the complaint.
2. The opposite party Nos. 1and 5 have not filed any counters.
3. The opposite parties No. 2 to 4 resisted the claim of the complainant by filing counter of opposite party No. 4, which is adopted by opposite party Nos. 2 and 3 under a memo of the Government Pleader.
4. The contents of the counter in brief are as follows:
The complainant himself admitted in his complaint that on his request a mechanic was sent by the management of opposite party No. 1 and the said mechanic has also checked the cylinder. This event shows timely response of the Gas Agency to customers. Due to strike by transporters and oil company officers the gas agency could not get gas therefore gas was supplied to the complainant at a later date on 16.01.2009. Later another cylinder was also supplied to the complainant. Regarding referring the cylinder to the laboratory for testing, the oil company/gas company are solely responsible for the lapses. In circumstances the case may be dismissed.
5. Evidence affidavits are not filed by both parties and no documents are also marked by them. Written arguments are also not filed and oral arguments are also not advanced. Perused the record.
6. The point for consideration is whether the complainant is entitled to the orders prayed for by him in the complainant.
Point:
7. The case of the complainant is that on 13.12.2008 gas cylinder was supplied to him by opposite party No. 1 and on 14.12.2008 regulator was connected to that cylinder and when valve was opened to release gas it did not catch fire as no gas came out and on shaking the cylinder it was found to contain water and when he complained to opposite party No. 1, a mechanic was sent by them who checked the cylinder and informed that there was defect, but opposite party No. 1 failed to replace the cylinder inspite of requests.
8. Even though the complainant has deposited the alleged defective cylinder for being sent to any laboratory for testing, again he filed a memo for return of the cylinder stating that later gas was supplied to him therefore he has to return the defective cylinder to opposite party No. 1. In view of the said memo the cylinder was ordered to be returned to the complainant who received back the cylinder and filed a receipt acknowledging the receipt of cylinder by him.
9. As already stated above opposite party No. 1 has not filed any counter either to admit or to deny any of the contents of the complaint. However as the complainant, being a practice in lawyer, has not filed his evidence affidavit nor marked any documents on his behalf, to prove the contents of the complaint, simply basing on the averments in the complaint no order can be passed in favour of the complainant, even though opposite party No. 1 has not filed any counter and remained absent and allowed the proceedings to go exparte. In the circumstances it is held that the complainant has failed to prove the contents of the complaint and therefore it is held that he is not entitled to any relief. The point is answered against the complainant.
10. In the result the complaint is dismissed. No costs.
Typed to dictation, corrected and pronounced by us in the open forum this 9th day of July, 2009.
Sd/- Sd/-
PRESIDENT MALE MEMBER
APPENDIX OF EVIDENCE
Witness examined
For the complainant : For the opposite parties:
-Nil- -Nil-
DOCUMENTS MARKED
For the complainant : For the opposite parties:
-Nil- -Nil-
Sd/-
PRESIDENT
Copy to:
1. The complainant
2. The opposite parties
3. Spare copy Copy delivered to the complainant/
opposite parties On .________
Dis. No. /2009, dt. . .2009
