DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.59 OF 2022
Date of Filing : 20.10.2022
Date of Order : 29.11.2022
Deepak Kumar Nayak,aged about 37 years,
S/o :Jayakrushna Nayak,
At-Swastik Sahi, in front of Municipality office,
PO/PS-Phulbani,
Dist: Kandhamal ………. Complainant
-Versus-
Proprietor,
Asian Gas Service,
Authorized Dealer HP Gas,
Netaji Marg, Hatapada,
PO/PS – Phulbani,
District – Kandhamal ……….. Opposite Party
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr.Manoj Kumar Sahoo & Associates
For O.P.- None
JUDGEMENT
Mr. Purna Chandra Mishra, President
Complainant Deepak Kumar Nayak filed this case against the opposite party alleging deficiency of service on the part of the O.P for not releasing his gas connection and praying therein for a direction to the OP to release the gas connection immediately and for payment of Rs. 10,000/- for purchase of Gas cylinder from open market, Rs. 30,000/- towards mental agony and harrashment and Rs. 10,000/- towards cost of litigation
- Brief fact leading to of the case is that the complainant is a Govt. servant who was transferred from Nayagarh to Phulbani in the year 2018. He was having a Gas connection from Sai Seva Gas, College Road, Nayagarh and during his transfer he got the Gas connection transferred to Phulbani. He deposited all the relevant documents alongwith the deposit of Rs. 1925.00 vide retail invoice no, 72 dated 31.10.2018 but inspite of repeated approaches gas connection was not released for which finding no other alternative he has filed this case before this Commission for the reliefs as discussed above.
- Notice was issued to the OP but inspite of service of notice through special messenger the OP neither appeared nor challenged the allegations raised against him in any manner. So this Commission proceeded to dispose off the case on the basis of ex-parte.
- The complainant in support of his case has filed the copy of the retail invoice dated 31.10.2018 and the medical disability certificate alongwith his Aadhar card. It is seen from the retail invoice that the release date of the Gas connection has been mentioned as 22.11.2018 and the OP received a sum of Rs. 1925.00 on 31.10.2018 vide retail invoice no. 72. The OP neither appeared nor raised any objection to the allegation made against him for which it is deemed that the OP had admitted the allegations against him.
- Cooking Gas is an essential service and supply thereof has got to be strictly adhered to the supply date fixed by the dealer or supplier. In the instant case the complainant is a physically handicapped person and the OP even after lapse of more than 4 years had failed to provide him with the Gas kit and the cylinder inspite of full and final receipt of the cost thereof.
- As a clean case of deficiency of service coupled with harassment is made out against the OP he is liable to compensate the complainant and hence the order.
ORDER
The Complaint petition is allowed ex-parte against the OP. The OP is directed to provide the Gas connection to the complainant within 24 hours from the time of receipt of this order failing which he has to pay penalty of Rs. 500/- daily so long as the default continues. The OP is further directed to pay a sum of Rs. 30,000/- towards deficiency in service and harassment caused to the petitioner and a sum of Rs. 5000/- towards cost of litigation. The order as to cost and compensation is to be complied within a period of 30 days from the date of order failing which the OP shall be liable to pay interest @ 12% per annum from the date of order till it is actually paid to the complainant.
Computerized and corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 28th day of November 2022.
MEMBER PRESIDENT
