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2nd Additional Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH
First Appeal No. 1540 of 2014
Date of institution: 26.11.2014
Date of Decision: 11.4.2016
1. M/s Indian Oil Corporation Limited through its Division Office,
Phoosa Mandi, Mansa Road, Bhatinda
2. M/s Indian Oil Corporation Limited, Punjab State Office, Indian Oil
Bhawan, Sector 19, Chandigarh
Through its constituted attorney and Law Office Sh. Akashdeep.
Appellants/Ops
Versus
M/s Punjab Motors Store, situated at GT Road, Opposite Head Office,
Ferozepur Cantt. Through its Sole Prop. Deepak Sharma s/o Lal Chand
Sharma, Gali No. 4, Kanshi Nagari, Ferozepur City.
Respondent/Complainant
First
Appeal
against
the
order
dated
31.10.2014 passed by the District Consumer
Disputes Redressal Forum, Ferozepur.
Quorum:-
Shri Gurcharan Singh Saran, Presiding Judicial Member
Shri Jasbir Singh Gill, Member
Mrs. Surinder Pal Kaur, Member
Present:-
For the appellants
:
Sh. Ashish Kapoor, Advocate
For the respondent
:
Sh. S.K. Arora, Advocate
Gurcharan Singh Saran, Presiding Judicial Member
ORDER
First Appeal No. 1540 of 2014 2
The appellants/Ops(hereinafter referred as Ops) have
filed the present appeal against the order dated 31.10.2014 passed
by
the
District
Consumer
Disputes
Redressal
Forum,
Ferozepur(hereinafter referred as the District Forum) in consumer
complaint No. 145 dated 4.4.2014 vide which the complaint filed by
respondent/complainant(hereinafter referred as complainant) was
accepted and Ops were directed to restore the sale from nozzle No. 1
of MS Midco make dual disbursing unit bearing Serial No. 8F751 A/B.
Ops were further directed to pay a sum of Rs. 10,000/- as
compensation for harassment and Rs. 5,000/- as litigation expenses.
2.
Complaint was filed by complainant M/s Punjab Motor
Store through its sole proprietor Mr. Deepak Sharma against Ops on
the averments that he is sole proprietor of firm M/s Punjab Motor
Store situated at G.T. Road, Opposite Head Post Office, Ferozepur
Cantt. And he is self employed in the abovesaid petrol pump and has
been running abovesaid petrol pump to earn his livelihood as well as
livelihood of family members, which consist of his wife aging 37
years, daughter 15 years and son 9 years. Earlier Smt. Inder Mohni
and Suraj Prakash Khanna were the partners of the abovesaid firm.
On 24.8.2011, as per the new policy of Ops Smt. Inder Mohni Khanna
withdrew her partnership. Complaint alongwith Suraj Prakash Khanna
became the partners and agreement with regard to partnership firm
was executed between them. On 20.9.2011, Mr. Suraj Prakash
Khanna died leaving behind Sushil Khanna widow, Sudha Soi, Sujata
Verma and Sunita Maan as his daughters and entire assets of the
firm were taken over by the complainant as legal heirs of Suraj
First Appeal No. 1540 of 2014 3
Prakash Khanna had executed the relinquishment deed in favour of
the complainant. Complainant informed about the sad demise of
Suraj Prakash Khanna to Ops and that he is sole proprietor of the
firm. The request of the complainant was accepted by Op vide letter
dated 1.10.2011 and complainant was directed to complete the
proposal of reconstitution of the firm. The complainant filed
application for reconstitution of the abovesaid firm in his name and
Ops vide their letter dated 1.11.2012 instructed the complainant to
submit the required documents i.e. bank certificate, death certificate
of Sh. Suraj Prakash Khanna, affidavit of the legal heirs and
extension for operating the Petrol Pump as proprietorship firm without
prior approval of the Corporation. Complainant deposited abovesaid
documents as per instructions issued by Ops and requested Ops for
reconstitution of
