LAWS(NCD)-1997-9-146

HAPPY GAS CENTRE Vs. TRILOK CHAND

Decided On September 23, 1997
HAPPY GAS CENTRE Appellant
V/S
TRILOK CHAND Respondents

JUDGEMENT

(1.) Shri Trilok Chand son of Ram Swarup booked an Indian Oil Gas connection for domestic cooking on 7.9.1988. On maturity, the Indian Oil Corporation, Tel Bhawan Sector 19, Chandigarh issued instructions directing M/s. Happy Gas Centre, Sector 35, Chandigarh, to provide and install the domestic gas at the residential premises of Trilok Chand. When Trilok Chand approached M/s. Happy Gas Centre in this regard, it insisted that the connected hot plate etc. be also purchased from it, which was unwarranted demand on the part of Happy Gas Centre. The dispute arose. Trilok Chand approached the District Forum and on 10.6.1997, it has been ordered that the gas connection shall be supplied to the complainant immediately. Besides this, a sum of Rs.7000/- has been ordered to be paid as compensation on account of the deficiency. Aggrieved against it, the present appeal has been attempted.

(2.) Neither M/s. Happy Gas Centre nor Indian Oil Corporation appeared in the District Forum despite opportunities granted for filing reply on the request of their own Counsel from 2.11.1996 to 20.3.1997, and it was thereafter that the evidence of the complainant was taken into consideration.

(3.) When Trilok Chand wrote a letter to the Chief Manager of Indian Oil Corporation, Chandigarh on 5.6.1996 regarding the deficiency on the part of M/s. Happy Gas Centre, Sector 35, Chandigarh, the Senior Area Manager of Indane Area Office, Chandigarh issued a specific direction in writing that gas connection should be provided to the complainant after checking the hot plate. Thus, the deficiency on the part of M/s. Happy Gas Centre was well-established and the finding on this issue arrived at by the District Forum is affirmed. A plea that originally the application was made with M/s. Navdeep Mala Enterprises, Sector 15, Chandigarh, has been taken into consideration and this fact does not go against the respondent in any manner. It was a matter of common practice that whenever the number of applicants increased, the Indian Oil Corporation had been managing the supply of gas in such a manner that it considered reasonable so that the number of consumers may not exceed the capacity of one particular Sector/ dealer. Thus, there is no merit in this appeal and it is, hereby dismissed with costs of Rs.500/-.