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UTTRAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
B.C. Kandpal, President and C.C. Pant, Member
HARIDWAR GAS AGENCY (INDANE), INDIAN OIL CORPORATION LIMITED - Appellant
Versus
RAKESH KUMAR AND ANR. - Respondents
First Appeal Nos. 188 and 208 of 2010
Decided on : 25-07-2013
Mr. M.K. Kohli, Advocate, for the Appellant; In person., for the Respondent
Proper analysis or test of goods is essential in cases alleging defects, as per Section 13(1)(c) of the Consumer Protection Act, 1986.
Headnote:
Consumer Complaint - Deficiency in Service - Consumer Protection Act, 1986, Section 13(1)(c)
Fact of the Case:
The complainant alleged that the gas cylinder supplied by the opposite party was defective, leading to water-like substance coming out of the cylinder during cooking. The District Forum allowed the consumer complaint and directed the opposite parties to pay compensation and damages.
Finding of the Court:
The court found that the complainant's average gas consumption supported the opposite party's claim that the cylinder was not underweight or filled with water. The court also noted the lack of compliance with Section 13(1)(c) of the Consumer Protection Act, 1986, regarding the analysis or test of the goods in question.
Issues: The issues revolved around the alleged defect in the gas cylinder, compliance with consumer protection provisions, and the sufficiency of evidence supporting the complainant's claim.
Ratio Decidendi: The court emphasized the importance of proper analysis or test of goods in cases alleging defects, as mandated by Section 13(1)(c) of the Consumer Protection Act, 1986. The court also considered the complainant's average gas consumption as a relevant factor in determining the validity of the complaint.
Final Decision: The appeals were allowed, the impugned order was set aside, and the consumer complaint was dismissed.
ORDER
C.C. Pant, Member - These two appeals arise out of the order dated 4.6.2010 passed by the District Forum, Haridwar in consumer complaint No. 262 of 2008, whereby the District Forum has allowed the consumer complaint and directed the opposite parties-appellants before us to pay compensation of Rs. 10,000 to the complainant. The opposite parties were further directed to deposit sum of Rs. 1,00,000 with the District Forum towards damages. Aggrieved by the said order, the opposite party No. 1 has filed First Appeal No. 188 of 2010 and whereas the opposite party No. 2 has filed First Appeal No. 208 of 2010. Since both the appeals arise out of the same judgment and order, therefore, these are being disposed of by this common order.
2. Briefly stated, the facts of the case, as mentioned in the consumer complaint, are that the complainant is the customer of opposite party No. 1 - Haridwar Gas Agency, who is the authorised distributor of opposite party No. 2 - Indian Oil Corporation Limited and has been issued book No. 2910 by the opposite party No. 1. On 28.3.2008, he booked a gas cylinder with the opposite party No. 1 and was given the gas cylinder on 31.3.2008. It is alleged that on 29.4.2008, there was marriage anniversary of the complainant, on account whereof, he had organized a party for his nears and dears, but when the food was being cooked from the gas cylinder supplied by the opposite party No. 1, the gas stopped all of a sudden. The complainant checked the gas cylinder and found that there was water like substance inside the gas cylinder and water started coming out from the gas cylinder. The complainant sent a legal notice to the opposite parties on 1.5.2008 and thereafter alleging deficiency in service and unfair trade practice on the part of the opposite parties, filed a consumer complaint before the District Forum, Haridwar.
3. The opposite party No. 1 - Haridwar Gas Agency filed written statement before the District Forum and pleaded that the complainant was not given underweight cylinder; that the gas cylinder was delivered to the complainant on 31.3.2008 and when the said gas cylinder got empty, the same was taken back by the opposite party No. 1 on 29.4.2008 and another refilled gas cylinder was given to the complainant on 29.4.2008 itself and that the consumer complaint is not based on facts.
4. The opposite party No. 2 - Indian Oil Corporation Limited filed written statement before the District Forum and pleaded that the gas cylinders are being supplied by the Corporation to its dealers/distributors after thorough check-up and that there has not been any deficiency in their services.
5. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 4.6.2010 in the above terms. Against the said order, both the opposite parties have filed the present appeals, as stated above.
6. We have heard the learned Counsel for the appellants in both the appeals and respondent No. 1 - complainant in person and have also perused the record.
7. In para 2 of the consumer complaint, the complainant has stated that the gas cylinder in question was delivered to him by the opposite party No. 1 on 31.3.2008 and the defect in the same got noticed on 29.4.2008. The opposite party No. 1 has specifically pleaded in para 13 of its written statement that the gas cylinder which was delivered to the complainant on 31.3.2008, got empty on 29.4.2008 and on applying for the refilled gas cylinder on 22.4.2008, the same was delivered to him on 29.4.2008 itself. Thus, the position is that the gas cylinder delivered to the complainant on 31.3.2008, got empty on 29.4.2008 and the complainant has alleged defect in the gas cylinder delivered to him on 31.3.2008 and the incident is that of 29.4.2008.
8. The plea taken by the opposite party No. 1, that the complainant owns a single cylinder connection and that his average consumption of gas is one cylinder per month, has force. In support of his co
