IMPORTANT POINT
Non-supply of LPG gas to transferred place after completing all formalities amounts to deficiency in service.

S.C. Vyas, President—Order dated 21.1.2010, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called “District Forum” for short), of dismissal of complaint case No.130/09, filed by the appellant herein before that Forum, is under challenge in this appeal.

2. It is not in dispute that the appellant herein is a consumer of LPG (cooking gas) of Indane Company. Earlier he was residing at Bombay and was transferred from there to Bhilai. He deposited the cylinder etc. at the office of the supplier of Bombay and obtained a transfer certificate and when came to Bhilai, applied to the gas agency of the respondent for providing gas connection here. Such application was allowed, necessary amount was deposited and connection was provided.

3. The grievance of the appellant before District Forum was that he obtained connection on 15.5.09 and thereafter for next one month gas cylinder was not supplied to him and he had to bear inconvenience for want of such gas supply. He contacted the gas agency many times, but even then no cylinder was supplied to his address. Then, notice through advocate was sent by the complainant to the respondent and complaint alleging deficiency in service was filed before the District Forum.

4. In reply of which the respondent gas agency took stand that the complainant/appellant himself had requested the gas supply agency that he will collect cylinder of cooking gas from the agency itself, as he was not having fix address and no fix address was provided by him to the gas agency, therefore cylinder could not be sent to any such address and thus no deficiency in service has been committed by the respondent gas agency.

5. Learned District Forum has agreed with the contention raised by the OP and dismissed the complaint.

6. We have heard arguments of both parties and perused the record of the District Forum.

7. Our attention has been drawn towards copy of the transfer voucher, Ex. P1, wherein address of the appellant/complainant B.D. Sonwani has been mentioned as c/o. Shri Kripa Ram, Chhabi Kirana Store, Utai Road, Station Maroda. Ex. P2 is the cash memo issued by the respondent. This cash memo is bearing name of the appellant and his address has been mentioned as ‘Station Maroda’. In the supply passbook also, the address of the appellant/complainant has been mentioned as Station Maroda, Bhilai. Thus, from these documents it appears that when transfer voucher was produced before the respondent/OP, then full address was available there in the transfer voucher and so there should not be any delay in supply of gas cylinder on the such given address, Contention of the respondent to the effect that the appellant/complainant himself had requested that he will collect the cylinder from the agency, does not carry force as such statement has been denied by the appellant complainant and there is no material to show that any effort was made by the respondent/OP for supply of Gas Cylinder, on the address mentioned in the transfer voucher, even after receiving full charges for supply of two gas cylinders and also as cost of some other articles.

8. Thus, we find that the OP/respondent was definitely deficient in providing services of supply of cooking gas for a period of one month. It has been agreed by both parties that after one month, the OP/respondent is supplying the cooking gas properly, to the address of the complainant/appellant, who is at present residing in Government Quarter of CISF Battalion, thus the question remains is for award of compensation for that period of one month:

9. Looking to the period of one month, we direct the OP to pay compensation of Rs.500 along with cost of Rs.500 to the appellant for the inconvenience caused to him, by not supplying cooking gas. To that effect the appeal is allowed by setting aside the impugned order.

Appeal allowed.

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