BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 24/01/2014
Date of Order : 29/09/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 40/2014
Between
C.A. Abraham, | :: | Complainant |
Cottappallil House, Pipe Line Road, Thrikkakara. P.O., Kochi – 682 021. | | (By Adv. Rajesh Vijayendran, M/s. Rajesh & Rathish Advocates, 35/191, Automobile Road, Palarivattom, Kochi – 682 025.) |
And
1. Indian Oil Corporation, | :: | Opposite Parties |
Indane Area Office, Panampilly Avenue, Panampilly Nagar. P.O., Cochin – 682 036, Rep. by its Area Manager. 2. Pooja Gas, Indane Gas Distributors, Door No. 766B/V, Subaida Building, Unichira, Thrikkakara, Kochi – 682 021, Rep. by its Proprietor/Manager. | | (Absent) |
O R D E R
V.K. Beena Kumari, Member.
1. The facts leading to this complaint are as follows :-
The complainant, his wife and three elderly children are residing in the above address. The complainant had availed a domestic gas connection from the 2nd opposite party bearing consumer No. 6616. The 1st opposite party is the manufacturer of the gas cylinders and the 2nd opposite party is the dealer-cum-distributor of the 1st opposite party. The complainant possesses only one domestic gas connection and he booked for a filled gas cylinder vide booking No. 443103 dated 19-11-2013. The gas cylinder being used by the complainant got empty on 10-12-2013. The complainant approached he 2nd opposite party several times for getting a gas cylinder, but the 2nd opposite party had not only supplied the gas cylinder, but also delayed the supply after sending SMS to the complainant stating that the gas cylinder will be supplied shortly. Thus, the complainant had to resort to other alternate measures to meet the cooking requirements and even purchased food several times from outside thereby incurring additional expenses. After repeated enquiries with the 2nd opposite party, the complainant received an 'SMS' on 15-01-2014 stating that the cylinder shall be delivered shortly, but this was not done. Therefore, the complainant approached the 1st opposite party and complained about the 2nd opposite party and the 1st opposite party directed the 2nd opposite party to supply the gas cylinder immediately. Again, the complainant received an SMS stating that the cylinder shall be delivered shortly on 21-04-2014, but not the gas cylinder. The complainant approached the 2nd opposite party in person on 22-01-2014 and informed the 2nd opposite party that he will not return to his house without gas cylinder. Thereupon, the 2nd opposite party supplied a gas cylinder on 22-01-2014, but the corresponding bill issued was predated ie. 18-01-2014. Thus, the complainant was put to undue hardships and mental agony by the delay in delivering the gas cylinder in time. It is understood by the complainant that the 2nd opposite party is overlooking the booking priority in order to make illegal gain. The acts of the 2nd opposite party amounted to deficiency in service and gross negligence for which the opposite parties are solely answerable. It is contended that the opposite parties are also liable to pay compensation of Rs. 10,000/- for the inconveniences and mental agony caused to the complainant along with costs of the proceedings of Rs. 3,000/-. Hence this complaint.
2. The opposite parties served with notice from this Forum, they chose to remain absent. No oral evidence was adduced by the complainant and the documentary evidence adduced were marked as Exts. A1 and A2. Heard the counsel for the complainant.
3. The points that emanated for consideration are as follows :-
Whether the complainant is liable for the delayed delivery of the gas cylinder?
Whether the complainant is entitled to get compensation and costs of the proceedings?
4. Point Nos. i. and ii. :- Admittedly, the complainant had booked for a gas cylinder on 19-11-2013 at the 2nd opposite party vide booking No. 443103. Despite several contacts, the gas cylinder was not supplied to the complainant by the 2nd opposite party except an SMS on 15-01-2014 stating that the cylinder will be supplied shortly. The complainant intimated the matter to the 1st opposite party who directed the 2nd opposite party to supply the gas cylinder immediately. The direction of the 1st opposite party was also not complied by the 2nd opposite party showing gross negligence and deficiency in service on the part of the 2nd opposite party. This time also, the 2nd opposite party sent an SMS to the complainant stating that “the cylinder shall be delivered shortly”. The above acts show that the 2nd opposite party is in the habit of sending SMS to the consumers as above with a view to delay the supply of gas cylinders without any valid reason. Notice was issued from this Forum to the 2nd opposite party, but the 2nd opposite party did not appear before this Forum for reasons best known to him only. The complainant alleges that the 2nd opposite party is in the habit of overlooking the booking priority. The above statement is accepted, since the 2nd opposite party called was absent to controvert the above statement of the complainant. There is no evidence against the above statement of the complainant. From the facts narrated above, it is seen that there is gross negligence and deficiency in service on the part of the 2nd opposite party for which the 2nd opposite party is liable to compensate the complainant. He is also liable to pay the costs of the proceedings, since he had not attended to the genuine demands of the complainant. The gas cylinder booked on 19-11-2013, was supplied only on 20-01-2014 showing considerable delay in supply of the gas cylinder. This also amounts to deficiency in service on the part of the 1st opposite party. Thus, deficiency in service is writ large in this case before us. We find that the 2nd opposite party is liable to pay compensation for the deficiency in service and costs of the proceedings.
4. In the result, the complaint is partly allowed and we direct that the 2nd opposite party shall pay Rs. 5,000/- (Rupees Five thousand only) towards compensation and costs of the proceedings to the complainant.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 29th day of September 2014.
Sd/- V.K. Beena Kumari, Member.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the letter dt. 20-01-2014 |
“ A2 | :: | Bill dt. 19-11-2013 |
Opposite party's Exhibits :: Nil
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