Orissa

Jajapur

CC/73/2014

Santosh Kumar Dhal - Complainant(s)

Versus

M/S. Sabitri Bharat Gas - Opp.Party(s)

Pitambar Mishra

20 May 2015

ORDER

                                 IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present 1.Sri Pitabas Mohanty, Presiding Member,

                                                                        2.Miss Smita Ray, Lady Member.                  

                                       Dated the 20th day of May,2015.

                                       C.C.Case No.73 of 2014

Santosh Kumar Dhal S/O Sridhar Dhal

Vill. Marthapur, P.O. Sribantapur

P.S. Jajpur Road, Dist.Jajpur.                                                        …… ……....Complainant .                                                                       .

                   (Versus)

1.M/S Sabitri Bharat Gas,pro-Manas Jena,At/P.O. Danagadi,

    P.S.Kalinganagar,Via.Jajpur Road, Dist.jajpur.

2. Bharat Petro chemicals Ltd,(Bharat Gas)-33,Industrial ,Bhubaneswar

    Dist . Khurda.

3. Area Marketing Manager,Bharat Petroleum Corporation Ltd,2^nd floor

Alok Bharati Complex,Saheed Nagar,Bhubaneswar.                                                                                                                                                                                                                             

                                                                                                            …………………..Opp.Parties.

For the Complainant:                                    Sri P.Mishra, Advocate.

For the Opp.Parties No.1                              None.

For the Opp.Parties No.2 and 3                    Sri A.K. Pani, Advocate.                                                                            

                                                                              Date of order:   20.05.2015

SHRI  PITABAS  MOHANTY, PRESIDING   MEMBER .

                        The petitioner has filed the present dispute against the O.Ps. alleging deficiency in service due to non supply of booking cylinder in time.

                        The fact as stated by the petitioner in the complain petition shortly is that the complainant being an inhabitant of Marthapur ,Jajpur Road as well as LPG consumer bearing No.1815 under the O.Ps. booked a cylinder on 19.04.14 bearing booking No.159776164. There after due to non supply of riffle cylinder by the O.P no.1 in time subsequently the petitioner visited the distributor counter  regarding  delivery of said cylinder and the distributor assured him to come after some days. Thereafter the petitioner again and again visited the distributor counter . The O.P no.1 lastly suggested to come on 29.05.2014 and to pay Rs.428.50 for taking riffle cylinder. Accordingly the petitioner paid the same and as per  advise of O.P no.1 go to the go-down to receive the riffle cylinder . But the delivery men of O.P no.1 said that riffle cylinder  is not available. Thereafter the O.P no.1 did not delivery the riffle cylinder till 26.06.2014 besides receipt the riffle changes on  29.05.2014 . Thereafter the petitioner made his grievance before O.P no.2 about non supply of cylinder by O.P no.1 over telephone and lodge his complaint bearing complaint No.182140 , the complaint was registered before O.P no.2 . After that the O.P no.1 delivered a cylinder on 11.07.14 after lapses of 83 days from the date of booking i.e 19.04.14.

                        That the petitioner again booked a cylinder on dt.22.08.14 bearing No.23.05.12 and the subsequently message was received on 28.08.14 about clearance of the booking and delivery of the riffle cylinder. But inspite of repeated visit to the go-down of O.P no.1made complain bearing no.225513 about non receipt of booking riffle cylinder dt.22.08.14.

                        That the cause of action arises on 15.09.2014 when the distributor flatly denied and not pay any head to the complain of the petitioner . Accordingly finding no alternative the petitioner filed the present dispute with the prayer to direct the O.Ps. to deliver one cylinder on every month as per the gas consumer criteria and pay Rs.20,000/- as compensation towards mental agony ,harassment and pay Rs.10,000/- towards litigation charges.

                        There are three numbers of O.Ps. in the present dispute where the O.P no.2 and 3 appeared through their learned advocate and did not file the written version. The O.P no.1 also  did not choose to file the written version and  contested  the case .

                        On the date of hearing we heard from the side of the petitioner. After perusal of the record as well as documents filed from the side of the petitioner we are inclined to dispose of the dispute as per our  observation stated below:-

A.It is undisputed fact that the petitioner is a consumer under the O.Ps. and the petitioner has booked first cylinder on 19.04.14 and the O.P no.1 received the riffle charges on 29.05.14 vide money receipt No.70771 dt.29.05.14 for supply of riffle cylinder on same day. As observed after the complain was registered  bearing no. 182140 dt.08.07.14 against the O.P no.1 the said cylinder delivered on 11.07.14 . This attitude of O.P no.1 nothing but clear deficiency in service as well as unfair trade practice.

                        There is no single  piece of  paper  available in the record  regarding the steps the O.P no.1 has taken for delivery of riffle cylinder which was booked  on 22.08.14 and subsequent complain bearing No.225513 dt.30.05.14 ,though the O.Ps. have received the notice of the present dispute . But O.P no.1 did not appeared nor contested  the dispute. In such peculiar circumstances and owing to the above narrated situation in view of the observation of Hon’ble Odisha State Commission reported in 2003-CLT-vol-96-p-15 ,C.D.Case No.37/02 wherein it is held that :-

“ In absence of written version by the O.P commission is bound to accept    the un controverted statement made in the complain petition “.

And 2013 (1) CPR-507-NC,wherein it is held that

“ in case written version not filed after several opportunity it has no      defence on merit.”

O R D E R

                         In the net result the dispute is  allowed against the O.Ps. The O.P No.1 are directed to supply the riffle cylinder to the petitioner as per guide line of BPCL.

The O.P no.2 and 3 are directed to see the distribution of riffle cylinder as per BPCL guide line regularly .

We also awarded Rs. 5,000/-( five thousand ) as compensation paid to the petitioner by the O.P no.1 within one month after receipt of the order.                               

      This order is pronounced in the open Forum on this the 20th day of May ,2015. under my hand and seal of the Forum.

 

                                                                                          (  Shri Pitabas Mohanty)  Presiding  Member.         

                                                                                              (Miss Smita Ray)          Lady Member.                                                      

                                                                                                                        

            .                                                                  Typed to my dictation & corrected by me

                                                                                   

                                                                                        

                                                                                             (Shri Pitabas Mohanty)                                                         

                                                                                                Presiding  Member.