The obligation of the appellant to inform the respondent about the transfer of the list to the gas agency influenced the court's decision in affirming the compensation for mental agony and physical discomfort.

Mr. Justice M.A.A. Khan, President—This appeal is directed against the order of the learned District Forum, Bharatpur dated 14.10.1994 wherein while allowing the complaint partially she has directed the appellant to pay an amount of Rs. 1,000/- for mental agony and physical discomfort and Rs. 300/- as cost of litigation.

2. We heard the learned Counsel for the parties and perused the record.

3. The grievance of the respondent has been that although he was duly registered with the appellant for supply of LPG connection (domestic gas) the appellant supplied the gas to persons who were lower in priorities than him and hence he has suffered mental agony and physical discomfort and claimed an amount of Rs. 2,000/- for mental agony and discomfort, and Rs. 550/- as cost of litigation. The District Forum after perusal of the evidence led by the parties has decreed the claim of the respondent as aforesaid. The argument of the learned Counsel for the appellant has been that when the connections became matured all the registered persons were informed through post under certificate of post (U.P.C.) to obtain the gas connection but the respondent did not turn up and hence as per instructions and guidelines issued by the B.P.C. a list of 27 persons was forwarded to M/s. Het Ram Gas Agency, Bharatpur and hence there has been no deficiency on the part of the appellant in any manner and that the appeal should be allowed and the order of the learned District Forum be quashed.

4. The argument of the learned Counsel for the respondent has been that it was incumbent upon the appellant to inform him that the list has been forwarded to M/s. Het Ram Gas Agency, Bharatpur and hence the order of the learned District Forum needs no interference.

5. We have given due thought and consideration to the matter. From the evidence led by the parties it is evident that the appellant had duly informed the respondent about the state of maturity of his application to obtain LPG connection. It is also made out that a list of the remaining persons who did not turn up was forwarded to M/s. Het Ram Gas Agency as per instructions/guidelines issued by the B.P.C. However it appears that no separate intimation was given by the appellant to the respondent pertaining to the transfer of the list to M/s. Het Ram Gas Agency, Bharatpur. In view of the circumstances and evidence as available on the record the Commission is of the view that the amount of compensation awarded to the respondent is on a higher side and the ends of justice would meet if the amount of compensation for mental agony and discomfort is brought to Rs. 500/- instead of Rs. 1,000/-. The rest of the order of the learned District Forum stands affirmed. Consequently the appeal partly succeed with no order as to costs.

Appeal partly allowed.