An LPG agency that failed to supply a refill to a consumer in Belthangady taluk has been asked to pay damages of Rs. 5,000, in addition to Rs. 2,000 as cost of litigation.
The Dakshina Kannada District Consumer Disputes Redressal Forum passed the order recently against the proprietor of Manju Indane Gas Agency, near Santhekatte in Belthangady taluk, on a complaint filed by Devasya T.P. of Navoor Village in the taluk.
Mr. Devasya said he booked a refill on January 9, 2012. Though he approached the agency’s outlet several times, it failed to supply a refill, and telephonic calls went in vain.
He issued a legal notice two weeks later which too did not yield the desired result. He then filed a complaint seeking compensation and cost of the proceedings.
The agency denied that the complainant had approached the outlet or made telephonic calls after booking.
The delay was attributed to All India Gas Tankers Owners Associations strike in the third and fourth weeks of January 2012.
However, it maintained that the complainant’s wife refused to receive the refill stating that the empty cylinder was not there in the house on January 28 that year.
The forum said the contention that the complainant’s wife refused to receive the refill could not be believed as Mr. Devasya had issued a legal notice only five days before. If that was the case, “… the Opposite Party ought to have issued a reply by raising the very same contentions… Except the oral assertion nothing has been placed on record…”.
Pointing out that the gas cylinder was a basic necessity, the forum president Asha Shetty said, “It is the primary duty of the opposite party to supply the gas cylinder within reasonable time.” But in spite of receiving notice, the agency had “not bothered to comply with the demand… it shows a sheer negligence.”
Stating that this amounted to deficiency of services as well as unfair trade practice, the forum asked it to pay the damages and cost.
