By Sri. K. Mohammed Ali, President
1. Non availability of the cooking gas in time creates high mental strain in every families of our Society. Most of the people of our locality is fully depending upon subsidized gas connections. The delay in distribution of the cooking gas is an harassment, hardship and inconvenience to the common masses of the State.
2. Here, the complainant, a retired Section Officer of the Calicut University has approached this forum and explains his grievance. His family consists of his son and daughter-in-law who are also employed. He is an L.P.G. Customer under the opposite party No.1 and 2. His consumer No. is 4809.
3. The complainant has booked for a refilled cylinder on 31-08-2013 with the opposite party No.1 and the reference number is 289442. The opposite party No.1 has informed the complainant that the gas cylinder will be made available to him, as per the cash memo No.300022489 dated, 20-09-2013. But surprisingly the complainant was informed on 25-09-2013 that the booking is cancelled without assigning any reason. The complainant again, booked for the same on 26-09-2013, as per the reference No.296394. During this period, the gas exhausted in the cylinder resulting much inconvenience and hardships, who contacted the opposite party No.1 by phone. It is alleged that the opposite party No.1 has insulted complainant, and deliberately delayed the distribution of the cylinder to him. Subsequently the complainant came to know that the booking made on 26-09-2013 is also cancelled. Again on 18-10-2013, the complainant booked for the cooking gas on 18-10-2013, as per the reference No.302160.
4. Meanwhile, the complainant has received a telephonic message from the opposite party No.1 on 31-08-2013 stating that the booking is accepted and so the cylinder will be supplied on 20-09-2013. But on 25-09-2013 to his shock and surprise he was informed that this booking is also cancelled. This drama was repeated by the opposite party No.1 several times humiliating the complainant.
5. The complainant preferred a written complaint to the opposite parties narrating the pathetic experiences, for which no reply was received. Opposite party No.1 is the distributor under the opposite party No.2.
6. After filing this complaint in the Forum, the complainant, again, booked for the cylinder on 08-11-2013. It is unbelievable that the opposite party No.1 has supplied a gas cylinder to the complainant, on 09-11-2013, at his residence, but no bill was issued. Even though the complainant is entitled to get Nine cylinder, he has received only five cylinder from opposite party. The subsidy of the cylinder booked on 19-11-2013, is not transferred to the account yet.
7. The Notice was issued to the opposite parties by way of Registered post which was served. But the opposite parties did not appear and not represented. Acknowledgement cards are returned to the Forum, which carries the full signature and seal of the opposite parties. The name called in the open court. The case against the opposite parties are set exparte. They are deliberately keeping away from the appearance in the Forum. Ext.A1 to A5 were marked on the side of the complainant. No contra evidence was adduced by the opposite party. Ext.A3 is the copy of the Newspaper daily which has published a news to the effect that so many malpractices are going on in the gas Agency and there is a mass movement against them and staging a dharna against the illegality and corruption in the Gas Agency.
8. On perusal of the complaint, depositions and documents Ext.A1 to A3, this Forum came to the conclusion that the opposite party No.1 and 2 are guilty of deficiency and rendering faulty deceptive practice to the customer.
9. So we hold that, opposite party No.1 and 2 are guilty of deficiency in supplying an Essential Commodity like cooking gas and adopted unfair trade practice.
10. In the result, we order that the opposite parties shall pay a sum of Rs.25,000/-(Rupees Twenty five thousand only) to the complainant as compensation for the unbearable mental agony and hardships met by the complainant and his family, and to discontinue the unfair trade practice and not to repeat.
Dated this 24th day of January, 2014.
Sd/-
K. MOHAMMED ALI, PRESIDENT
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R. K. MADANAVALLY, MEMBER
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MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Abdussamad K.N., complainant.
Documents marked on the side of the complainant : Ext.A1 to A5
Ext.A1 : Photo copy of the postal receipt dated, 25-10-2013 by complainant
to first opposite party.
Ext.A2 : Photo copy of the postal receipt dated, 25-10-2013 by complainant
to second opposite party.
Ext.A3 : Photo copy of the Newspaper daily dated, 04-11-2013/
Ext.A4 : Photo copy of the request dated. 24-10-2013 from complainant to
second opposite party.
Ext.A5 : Photo copy of the consumer book.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Sd/-
K. MOHAMMED ALI, PRESIDENT
Sd/-
R. K. MADANAVALLY, MEMBER
Sd/-
MINI MATHEW, MEMBER
