Punjab

Rupnagar

CC/15/73

Gagandeep Singh - Complainant(s)

Versus

Daljeet & Company (P) Ltd. - Opp.Party(s)

Sh. Pal Singh, Adv.

21 Sep 2015

ORDER

ORDER

                             MRS. NEENA SANDHU, PRESIDENT

                   Sh. Gagandeep  Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) praying for issuance of the following directions to them:-

 

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i)       To refund Rs.243.50/-, which they have wrongly & illegally, charged from him, as cost of petrol,

ii)      To pay Rs.40,000/- as compensation on account of mental agony, physical harassment & financial loss caused to him,

iii)     To pay interest on the above said amounts @ 18% P.A. w.e.f. 13.6.2015 till payment,

iv)     To pay Rs.8,000/- as litigation expenses.

 

2.                In brief, the case of the complainant is that he is owner of motor cycle bearing Registration No.PB-10-CG-3474 and capacity of the fuel tank of the said motor cycle is 8 Liters. On 13.06.2015, he had gone to the petrol pump of the O.Ps. and asked their employee, who was present at the spot, to fill the tank of the said motor cycle. Accordingly, he filled the same and issued bill dated 13.6.2015 for a sum of Rs.850/-  showing that 11.20 liters petrol was filled in the petrol tank of the said motor cycle and asked him to make the payment of the said amount. Upon that, he told him that capacity of the fuel tank of the said motor cycle was only 8 liters, then how he had filled petrol to the extent of 11.20 liters, but he did not care for the said explanation. Then, he apprised the O.P. No. 2 about the said illegality of charging the said excess amount by showing wrong capacity of 11.20 liters of the said motorcycle, but the O.P. No. 2 also did not care for the same and instead, insulted him, badly. He had also requested the O.Ps. to refund him the excess amount of Rs.243.50 charged by them, but they did not adhere to his request. The said acts of the O.Ps. amount to deficiency in service and adoption of unfair trade

 

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practice, due to which he has suffered mental agony, physical harassment & financial loss. Hence, this complaint.

 

3.                On being put to notice, none having appeared on behalf of either of the O.Ps., they were proceeded against ex-parte vide order dated 04.09.2015.

 

4.                On being called upon to do so, the learned counsel for the complainant tendered affidavit of the complainant, Ex. CW1/A, affidavit of Sh. Kuldeep Singh Ex.CW2/A, photocopies of documents Ex.C1 to Ex.C3 and closed the evidence. 

 

5.                We have heard the learned counsel for the complainant and gone through the record of the file carefully.

 

6.                The learned counsel for the complainant submitted that on 13.6.2015, the complainant got filled petrol in motorcycle bearing Registration No.PB-10-CG-3474 from the O.P. No.1 and paid a sum of Rs.850/-, in lieu of that its employee issued him a cash memo (Ex. C3). On seeing the said Cash Memo, he asked the said employee that the full capacity of the tank of the motor cycle in question is of 8 liters, then how he had issued a cash memo for filling up 11.20 liters of petrol, but he had no answer. Thereafter, he complained about the same to the O.P. No.2 and requested for refund of the amount excessively charged from him to the tune of Rs.243.50, but instead of acceding to his request, he insulted him.

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The said act of the O.Ps. amounts to deficiency in service and adoption of unfair trade practice, therefore, the complainant is not only entitled  to refund of the amount charged in excess from him, but is also entitled for compensation and litigation expenses.

 

7.       The fuel capacity of the motor cycle in question is to the extent of 8 liters (maximum) has been proved from the Ex.C2, placed on record by the complainant. The fact of payment of the amount of Rs.850/-, the authenticity of the motor cycle in question has also been proved. It has also been proved from the bill dated 13.06.2015, Ex.C3, despite the fact that the maximum capacity of the fuel tank of the motor cycle in question is of 8 liters only, the O.P. No.1 has issued a bill for a sum of Rs.850/- for filling up 11.20 liters of petrol. It is pertinent to mention here that none has come forward to rebut the version put forth by the complainant in the complaint, duly supported by his affidavit Ex.CW1/A, which is further supported by the affidavit of one Kuldeep Singh, Ex. CW2/A. With these facts & circumstances, we are of the considered view that the employee of the O.P. No.1. had wrongly issued the Cash Memo for a sum of Rs.850/- for filling up petrol of 11.20 liters in the motorcycle in question, which certainly amounts to deficiency in service and adoption of unfair trade practice. Consequently, the complainant is entitled to refund of the amount excessively charged from him for 3.20 liters of petrol alongwith compensation for harassment and litigation expenses.                                               

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It may be stated that the complainant had paid a sum of Rs.850/- to the O.P. No.1, who is liable to refund the excess amount charged from him and not the O.P. No.2.  Therefore, the complaint filed against O.P. No.2 is liable to be dismissed. However, we are of the considered opinion that end of justice would be met if O.P. No.1 is directed to pay lump sum amount of Rs.5000/- to the complainant.

 8.               In view of the aforesaid discussion, we dismiss the complaint against O.P. No.2 and allow the same against the O.P. No.1 with the directions to pay a lump-sum amount of Rs.5000/- to the complainant, within 30 days from the date of receipt of certified copy of this order.  

 

                   The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to the Record Room.

 

ANNOUNCED                                           (NEENA SANDHU)

Dated: 21.09.2015                                                PRESIDENT

 

 

                                                (SHAVINDER KAUR)

                                                                     MEMBER.