Appeal No. FA-09/488

(Arising out of Order dated 27.05.09 passed by the District Consumer Forum(III), 150-151, Community Centre, C-Block, Janakpuri, New Delhi in Case No. 237/2009)

M/s Durga Maa Gases … Appellant

Through Through

Priti Sharma(Proprietor) Sh. Dharmendra

B1/184, Vishnu Garden, Kumar,

New Delhi-110008. Advocate

Versus

Sh. Hari Om Gupta … Respondent

Proprietor Balaji Batteries,

WZ-93, Tatarpur,

Tagore Garden,

New Delhi-110027.

CORAM



Justice Barkat Ali Zaidi … President

Mr. M.L. Sahni … Member



1. Whether Reporters of local newspapers be allowed to see the judgment?

2. To be referred to the Reporter or not?


Justice Barkat Ali Zaidi(Oral)

1. In Complaint Case No. 237/09 the District Forum-III, Delhi by passing an award on 27.05.09 directed the OP Durga Ma Gas to provide the complainant oxygen cylinder for Rs. 2,000/- or to refund Rs. 2,000/- and also to pay penalty of Rs. 6,000/- for mental agony and harassment.

2. That is what brings the appellant/OP in appeal here.

3. We have heard the appellant at the admission stage.

4. The order passed is exparte. The appellant says that after service of the notice he approached the complainant who in turn had assured that he will withdraw the complaint, but failed to keep up his promise and that was the reason of his non appearance before the District Consumer Forum. A mere statement to the effect even though supported by an affidavit cannot be considered sufficient to conceive that the complainant had promised to withdraw the complaint. The complainant took many a months to decide and for all this time the OP went contained and without caring for it is something unbelievable.

5. Prima facie, the finding of District Consumer Forum seems justified. The complainant booked the cylinder when its security was Rs. 2,000/-. If the rates subsequently soared to Rs. 8,000/- the complainant cannot be blamed for it. The District Forum has therefore rightly directed the OP to supply the cylinder on the security amount deposited by the complainant or to refund the amount beside the compensation.

6. Appeal dismissed in limini.



7. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.

8. A copy of this order as per the statutory requirements be forwarded to the parties free of



charge and also to the concerned District Forum and thereafter the file be consigned to Record room.

8. Announced on 9th day of November, 2009.