By Shri. M.P.Chandrakumar, Member :    

          The case of the complainant is that he was an army personnel and was having a gas connection No. 5669 with 2 cylinders, of Indane, while he was working in Punjab. Subsequently, he transferred his gas connection from the agency in Punjab to M/S. Karthika gas agency, Pathanamthitta and later, on 14-10-99 to Sooraj gas agency, of Trissur district, the consumer No. being 1459        A. Since 1999, for 14 years, the complainant was the consumer of the opposite party, having two gas cylinders and regulators. Subsequently, due to certain deficiencies in service  on the part of the agency, the complainant informed them that he wishes to transfer the gas connection to  another agency of H.P. near Pattikkad. Accordingly, on 18-07-14, he entrusted the two cylinders and regulators in the agency. But, in the transfer vouchers prepared, instead of noting as 2 cylinders, it was noted as only one cylinder. When enquired, the opposite party admitted that the mistake was done by their staff while entering the details in the computer system. However, when the complainant demanded  the vouchers in respect of two gas cylinders, the staff of the opposite party denied this,  threw the voucher already issued in to the dustbin  and told him to come after three weeks. When the complainant approached after  three weeks, the opposite party issued a new connection for one cylinder  and informed that the transfer can be done only after 5  purchases. The opposite party further informed that only if Rs.2,400/- is remitted in respect of the cost of the 2nd cylinder, the transfer of two cylinders can be done. According to the complainant, the opposite party is legally liable to transfer the 2^nd cylinder to H.P. Pattikkad, without any cost. Hence the complaint filed with prayers for the same, in addition to compensation and cost.

          2) In the version filed, the opposite party states that as per their records, the complainant is holding consumer No. 1459 A and he has been supplied with gas cylinder, immediately, on booking. The opposite party admits that the complainant had approached for a transfer to the H.P.Agency at Pattikkad. However, he had not produced the original documents or  voucher, which is the prime necessity for issuing the new voucher or transfer voucher. The opposite party has taken proper care of the complaints of the complainant  and had never been deficient in services provided to the complainant. Hence the complaint be dismissed with cost.

          3) The points for consideration are

1. Is there any deficiency of service on the part of the opposite party?
2. If so ,compensation and cost ?

          4) Evidence consists of Exts. P1 & P2. Ext. P1 is the copy of the customer card slip No.2939966 in respect of consumer No. 1459 A  and Ext. P2 is the copy of Indane customer subscription voucher of the LPG distributor, from where he was being supplied gas, while serving in the army. No evidence adduced by Opposite party. Both of them have filed proof affidavit.

          5) The case of the complainant is that “12-06-1993 മുതല്‍ 900 + 50 = 950 രൂപയില്‍ രണ്ടു cylinderഉം regulater ഉം ആണ് അനുവദിച്ചിരുന്നത്. ആ വൗച്ചര്‍ പ്രകാരം എനിക്ക് രണ്ടു CYLINDER ഉം REGULATOR ഉം നല്‍കി അത് പട്ടിക്കാട് ഗുരുദേവ H.P. ഗ്യാസ് ഏജന്‍സിയിലേക്ക് മാറ്റി ലഭിക്കുവാന്‍ അപേക്ഷിക്കുന്നു”. The  complainant further argue that he surrendered the two gas cylinders and its regulator  to the opposite party  on 18-07-14. The staff of the opposite party  Mr.Rahul recorded in the register book but, when the connections were transferred to the H.P. agency at Pattikkad, in the voucher, it was mistakenly printed as single cylinder, instead of double cylinder. The complainant surrendered the two cylinders and its voucher to the opposite party as per their demand. However the opposite party deny these arguments of the complainant, stating that the complainant has not produced the original vouchers or documents, while applying for the transfer. The complainant has not produced any supporting evidence to prove his allegations.

          6) We are of the view that if the voucher has been printed as alleged by the complainant, it would be done only after receiving back the original vouchers/documents. However, since the opposite party deny the printing of the vouchers, it was for them to take initiative to prove the same with the connected documents/evidences/registers maintained in the agency, However, the opposite party have not produced any evidence to prove the same. As such, we are compelled to believe that the complainant has surrendered the concerned voucher/documents to the opposite party. We thus believe that the opposite party is legally liable to effect the transfer of the two cylinders and the regulator, as per the guidelines in force.

          In the result, the complaint is allowed. The opposite party is directed to issue the respective voucher/documents to the complainant, within 3 days of the receipt of this order, to enable the complainant to obtain a new gas connection at Gurudeva H.P. gas agency. An amount of Rs.3,000/- (Rupees Three thousand only) is sanctioned and compensation/costs to the complainant, for un necessarily putting him in to difficulties. The amount is to be paid by the opposite party to the complainant, within a month of the receipt of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30^th day of June 2017.