ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.366 of 2023 Date of institution : 29.05.2023 Date of reserve : 05.08.2024 Date of decision : 02.09.2024 Preet Mohinder Singh S/o Sh. Paramjit Singh R/o Street No.9, GTB Nagar, Hindaiya Road, Barnala, Tehsil and District Barnala.

…..Appellant/Complainant Versus

1) M/s Barnala Gas Service, Indane Gas Agency, Dhanaula Road, Barnala through its authorized signatory.

2) The Indane Area Office, Chandigarh, Indian Oil Corporation Ltd.

(M.D.), Tel Bhawan, Plot No.6-A, Sector 19-B, Madhya Marg, Chandigarh-160019 through its authorized signatory.

….Respondents/Opposite Parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 31.03.2023 of the District Consumer Disputes Redressal Commission, Barnala in CC/68/2021 Quorum:-

Mrs. Kiran Sibal, Presiding Member Mr. Vishav Kant Garg, Member Present:-

For the appellant : Sh. Gulraj Khan, Advocate for Sh. S.K. Bansal, Advocate For respondent No.1 : Sh.Anmol Jindal, Advocate For respondent No.2 : Ms. Himani Sharma, Advocate for Sh. Ashish Kapoor, Advocate KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/complainant to amend & modify the order dated 31.03.2023 passed by District Consumer Disputes Redressal Commission, Barnala (in short, “District Commission”), whereby the complaint filed by complainant against opposite parties (in short ‘OPs’), under the Consumer Protection Act, 2019, was accepted and the following relief has been granted:

“15. In view of the above discussion, the present complaint is partly allowed against the opposite party No.1 and the opposite party No.1 is directed to pay the amount of Rs.5,000/- as compensation on account of mental agony and harassment and Rs.5,000/- as litigation expenses to the complainant.”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that the complainant was having consumer No./ID 22572/7500000034905558 with OP No.1 and was availing its service since long. On 29.01.2021, the complainant booked one ‘LPG Cylinder’ vide reference No.2- 000983613309 and the expected delivery was shown within one day. Thereafter on 01.02.2021 at 02:34 PM, the complainant received a message from the OPs that invoice was generated for Rs.715/- and the complainant had to share ‘DAC 4563’ on delivery. However, on 03.02.2021 at 02:15 AM, the complainant was shocked to receive a message that the booking had been cancelled due to returned thrice, whereas no one from the side of the OPs came to his house to deliver the gas cylinder. The complainant on 03.02.2021 visited the premises of OP No.1 and inquired about the cancellation of gas cylinder delivery but the delivery man and the receptionist started misbehaving with him and also started using filthy language towards the complainant. They also told him that they would not deliver the gas cylinder at the premises of the complainant and he himself had to take the delivery of gas cylinder. Due to the said act and conduct of OP No.1, the complainant suffered great mental shock, pain, agony and trauma. Even the officials of OP No.2 had not inquired about the fact of non- delivery of the gas cylinder. Alleging deficiency in service on the part of the OPs, the complainant filed consumer complaint before the District Commission and sought directions against the OPs to pay Rs.50,000/- as compensation for mental shock, pain, agony and harassment and to pay Rs.20,000/- as litigation expenses.

4. Upon notice, OPs appeared through counsel and contested the complaint. OP No.1 in its written reply raised certain legal objections, which are not required to be reproduced here for the sake of brevity. On merits, OP No.1 stated that on 01.02.2021, the delivery boy went to the house of the complainant to deliver the gas cylinder but the door of the house was locke