IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.02.2017 Date of hearing: 06.05.2022 Date of Decision: 05.07.2022 COMPLAINT CASE NO.- 222/2017 IN THE MATTER OF

1. AMIT GARG, R/O A-12, ASHOK NAGAR STREET NO. 2, MANDOLI ROAD SHAHDRA, DELHI-110093 (Through: SABCOUNCILORS, ADVOCATES & LEGAL CONSULTANTS)

…Complainant VERSUS

1. INDIAN OIL CORPORATION LIMITED Through its General Manager, Indian Oil Bhawan, G-9, Ali Yavar Jung Marg, Bhandra (East), Mumbai, Maharashtra – 400051 (Through: Ms. Savita Rastogi, Advocate)

2. Indian oil corporation limited Through regional manager, Indane area office, Delhi 2^nd floor, World Trade Centre Babar road, Barakhamba lane, new delhi-110001

3. Raghav gas services Through its manager/proprietor/partner Code no. 9107265 Distributor of Indane gas services Shop no.17 DDA, MIG market, Below telephone exchange, Loni Road, Shahdra, Delhi- 110093 (Through: Rajesh Kumar Sharma, Advocate)

…Opposite parties CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR. RAJAN SHARMA, (JUDICIAL MEMBER)

Present: Ms. Sabyasachi Mishra, Counsel for the complainant.

Mr. Rajesh Sharma, Counsel for OP No. 1.

OP-2 is ex-parte.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the complainant before this commission alleging deficiency of service and unfair trade practice by the opposite parties and has prayed the following reliefs: a) Admit present consumer complaint filed by the consumer in the present facts and circumstances for proper adjudication of the present matter b) Pass an order of Rs.95,00,000/- INR (Ninety-Five Lakhs Rupees) towards mental and physical harassment of the petitioner on account of deficiency in services and unfair trade practices played by the opposite parties on the complainant c) Pass an order Of Rs.50,000/- INR (Fifty Thousand)

towards litigation charges and other expenses.

d) Pass any order or further order which this Hon'ble court may deem fit and proper in the present facts and circumstances of the case in the interest of justice.

2. The brief facts necessary for the adjudication of the present complaint are that the Complainant booked a domestic gas cylinder from his registered mobile no. through Indane Interactive Voice Response system (IVRS) and the same was delivered by opposite party no. 3 on 10.06.2015 at his home. However, on checking the gas cylinder, D-13 was mentioned in the said cylinder, which means that the gas cylinder had expired in the month of December, 2013. The said fact was informed to the delivery boy, who stated that there is no issue regarding the expiry of cylinder and if there are any issues, the complainant can contact the concerned gas agency. the said issue has been intimated to the opposite parties but was of no avail. Further, the complainant through various RTI(s) received the information that the alphanumeric number mentioned in the panel denotes the quarter and the year in which it would be taken for next statutory testing. Since the said testing has not been done by the opposite parties and expired cylinder has been delivered to the complainant, the complainant alleged deficiency in service and unfair trade practice on the part of opposite parties.

3. During the course of proceedings, notice was issued on the opposite parties and thereafter, opposite party no. 1 & 3 had duly filed their written statement. However, the opposite party no. 2 neither appeared nor filed the written statement to contest the present case. Consequently, the opposite party no. 2 was proceeded ex-parte by this commission vide order dated 14.12.2017.

4. The Opposite Party no. 1 & 3 contended that the claims of the complainant are false and frivolous and no expired cylinder had been delivered to the complainant. It was submitted by them that there is no expiry date of the Gas Cylinder and the alpha-numeric code mentioned on one of the three panels of the holding grip are the next date of statutory testing.