IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER THIRU.S.KARUPPIAH, JUDICIAL MEMBER F.A.No.44/2019 (Against the order made in C.C.No.46/2012 dated 20.06.2017 on the file of the District Forum, Dindigul.)

WEDNESDAY, THE 18^th DAY OF MAY 2022 M.Mohamed Abdul Kadher, S/o Mohamed, 39, North Car Street, Dindigul – 624 001. Appellant/Complainant -Vs-

1. Proprietor, Amala Gas Centre, Door No.H1,H2-57,R.M.Colony, Dindigul – 624 001. 1st Respondent/1st Opposite Party

2. Senior Area Manager, Indian Oil Corporation, Indane Area Office, No.2, Race Course Road, Chokkikulam, Madurai – 625 002. 2nd Respondent/2nd Opposite Party Counsel for Appellant/Complainant : Party in-person.

Counsel for Respondent-1/Opposite Party-1 : Mr.K.Anbuselvan, Advocate.

Counsel for Respondent-2/Opposite Party-2 : Mr.K.Muraleedharan, Advocate.

This appeal coming before us for final hearing on 04.05.2022 and on hearing the arguments of appellant and R2 and upon perusing the material records, this Commission made the following:

ORDER

THIRU.S.KARUPPIAH, JUDICIAL MEMBER.

1. This appeal has been filed by the dissatisfied appellant/complainant under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order of the learned District Forum, Dindigul in C.C.No.46/2012, dated

20.06.2017, partly allowing the complaint

2. Dissatisfied with the award amount of Rs.40,000/- towards compensation for mental agony, loss suffered by the complainant, as very low, this appeal has been filed by the complainant for enhancement of award amount.

3. The facts of the case is as follows: The complainant is a consumer of Indane Gas cylinder and the first opposite party is an agent, and the second opposite party is the area Manager of the Indian Oil Corporation. The complainant’s customer No.AG 5710 and he bought Gas cylinder from 23.05.2000 to January 2012. He was suddenly informed by the first opposite party that his service connection was transferred to another distributor by name Calif Gas Company at Dindigul. This complainant already had civil disputes with the above Calif Gas Agency. Hence, he requested both opposite parties to retain his customer card with the first opposite party. In spite of, repeated requests and lawyer notice his request was not attended. And because of that, the complainant did not get Gas cylinder for nearly eight months and suffered huge loss and mental agony. For which he claimed total compensation of Rs.6,00,000/- and cost of Rs.10,000/-.

4. The opposite parties in their reply has stated, only for administrative purpose for more than 400 customers were transferred to Calif Gas Company and it is not amounted to any deficiency of service on their part. The administrative change has been effected only for further benefit of the customer and it is for him to apply before the Calif Agency for re-transfer to the first opposite party. Hence, they prayed to dismiss the complaint.

5. However, the learned District Forum after perusing the affidavits and documents filed by both sides, found that there was deficiency of service on the part of both opposite parties and directed them jointly and severally to pay a sum of Rs.40,000/- as compensation for mental agony and financial loss and to pay a sum of Rs.5000/- as cost to the complainant.

6. The complainant not satisfied with the above amount, filed this appeal and in the appeal he submitted that District Forum failed to note, all along this complainant purchased Gas cylinder only in the open market which is higher in price but lower in weight. It was not properly considered by the District Forum the financial loss and mental agony not properly compensated. And this complainant was forced to file even a petition before the Hon’ble High Court to dispose the case at the earliest. Moreover, the District Forum failed to note because of that delay in passing the order and because of the deficiency of servic