Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party no. 2 to deliver/ supply LPG cylinder regularly and on the basis of booking.
- To pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It is the case of the complainant that he is registered consumer of Indian Oil Corporation for a domestic L.P.G. for which annexure – 1 has been issued.
The complainant has further alleged that he had booked for supply of LPG to opposite party no. 1 being booking no. 2654. Thereafter he approached to receive the cylinder then staff of opposite party no. 1 requested him to surrender both cylinder and relevant documents because the opposite party no. 1 in pursuance of direction of corporation decided to transfer the connection to the nearest Gas agency M/s M.S. Sreya Bharat Gas. In pursuance of such direction the complainant has surrendered both cylinder and also requisite documents as will appear from annexure – 2.
The opposite party no. 2 after receiving the aforesaid documents and cylinder has granted receipt which has been marked as annexure – 3.
Thereafter the complainant approached opposite party no. 2 several times and also approached authorities of opposite party no. 1 and filed an application before sub – Divisional office Masauri vide annexure – 4 but his grievance has not been redressed.
On behalf of opposite party no. 2 a show cause has been filed stating therein that when the complainant presented the documents to opposite party no. 2 it was sent for verification and due to paucity of cylinder, the company did not supply the cylinder and other accessory to opposite party no. 2 in time.
In this situation the opposite party no. 2 requested the complainant that when opposite party no. 1 will receive sufficient numbers of cylinders then it will be immediately supplied to the complainant.
The opposite party no. 2 is now ready to supply the connection to the complainant.
Heard both the parties.
It is the case of the complainant that despite the surrendering of cylinder as well as documents to opposite party no. 2 as per direction of opposite party no. 1 the opposite party no. 2 did not supply cylinder to complainant deliberately. The opposite party no. 2 had denied the aforesaid fact and stated that due to paucity of cylinder the same was not supplied to the complainant in time and now opposite party no. 2 is ready to supply.
We have heard both the parties in detail.
Whether at the relevant time the opposite party no. 2 supplied sufficient cylinder by opposite party no. 1 or not is a matter of fact and this disputed fact cannot be decided by us.
However as the opposite party no. 2 is ready to supply cylinder to complainant hence we pass the following direction.
The opposite party no. 2 is directed to supply regular cylinder to the complainant in accordance with rules and regulation of opposite party no. 1 regularly.
In view of the aforesaid direction this case stands disposed off.
Member President
