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TAMIL NADU STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, MADRAS
Hon’ble Thiru Justice S.A. Kader, President; Thiru R.N. Manickam, I.P.S. (Retd.)
and Dr. Tmt. Ramani Mathuranayagam, Members
THE AREA MANAGER, INDIAN OIL CORPORATION—Appellant
versus
P. NATARAJAN & ANR.—Respondents
A.P. No. 497 of 1993—Decided on 23.2.1994
Counsel for the Parties :
For the Appellant :Tr. M. Shakir Ali, Advocate.
For the Respondents:Tr. P. Anantha Krishna Nair, Advocate.
The court considered the staleness of the matter and the applicability of legal precedents to dismiss the complaint based on the timing of the grievance.
Headnote:
Delay in Gas Connection - Deficiency of Service - Interpretation of Legal Precedents
Fact of the Case:
The complaint relates to the delay in giving gas connection. The Complainant applied for gas connection in 1985 and has not received it so far.
Finding of the Court:
The District Forum found deficiency of service and directed the Opposite Parties to pay compensation. However, the National Commission's decision in a similar case led the Commission to dismiss the complaint based on the staleness of the matter.
Issues: Delay in gas connection, deficiency of service, applicability of legal precedents
Ratio Decidendi: The court considered the applicability of legal precedents in similar cases to determine the validity of the complaint based on the timing of the grievance.
Final Decision: The appeal was allowed, the order of the District Forum was set aside, and the complaint was dismissed without costs.
Mr. Justice S.A. Kader, President—The appeal arises out of the order of the District Consumer Disputes Redressal Forum, Madurai, dated 27-7-93 in O.P. No. 293/92. The 2nd Opposite Party is the Appellant.
2. The complaint relates to the delay in giving gas connection. The Complainant has applied for gas connection in 1985 and the connection has not been given so far. Hence this complaint.
2. The Opposite Party contended that in 1986, all persons who had registered their names had been given the gas connections.
3. The District Forum found that there was deficiency of service and directed the Opposite Parties to pay compensation in the sum of Rs. 500/-. It is this order that is challenged in the appeal by the 2nd Opposite Party.
4. Our attention has been invited to the decision of the National Commission in "Indian Oil Corporation v. G. Krishnamurthy and another" in R.P. No. 415/92. That was also a case where the Complainant has registered his name in 1984 and not so far given gas connection. The National Commission observed that the complaint was in respect of a grievance that has arisen in the years 1984 to 1986 and the complaint petition could not have been validly filed in respect of such a stale matter. Following the aforesaid decision of the National Commission, this Commission has also held so in A.P. No. 496/93. As this matter pertains to the year 1985 the above decisions applied in all force.
5. In the result, the appeal is allowed and the order of the District Forum is set aside. The complaint is dismissed, but without costs.
Appeal allowed.
