- (1.) THIS appeal under S. 15 of the Consumer Protection Act, 1986 (Act No. 68 of 1986) ("the Act" herein) is directed against the order dt. 28-2-89 passed by the District Forum, Udaipur in Complaint Case No. 3/gas/89 by which the complainant was awarded a sum of Rs. 141/- as compensation and costs. The direction was also made that this amount should be paid by the opposite-party within one month to the complainant, failing which the opposite-party will suffer imprisonment or pay fine under s. 27 of the Act.
(2.) IT is not necessary to recount the facts leading to this appeal in detail. IT has been alleged by the complainant-respondent in the complaint that the opposite-party not only harassed him in supplying refilled gas cylinder but also supplied gas cylinder of less weight. IT was alleged that the opposite-party did not deliver the gas cylinder to the complainant and other consumers after weighing by spring balance. The opposite-party-appellant submitted the version of the case on 18-1-89 resisting the complaint. IT controverted the averments made in the complaint. IT was submitted that the complaint is false. IT asserted that the consumers are not harassed by the opposite-party. The opposite-party did not produce the record of the consumers as asked by the District Forum, Udaipur to ascertain the correctness of the defence. After considering the complaint and the version of the case and other relevant circumstances which were brought to its notice, the District Forum, passed the order as aforesaid on February 28, 1989. Hence this appeal. The respondent has filed written submissions after delivering its copy to the appellant. We have heard Shri Devilal, for the appellant and Shri Krishan Chand, respondent. The District Forum has inter-alia stated in its order as under : ************** Shri Devilal appearing for the appellant could not succeed in satisfying us that the finding of the District Forum suffers from any infirmity or is against facts and record. In these circumstances, we affirm the finding of the District Forum. The District Forum has awarded a sum of Rs. 141/- as compensation and costs. The complainant is entitled to get Rs. 141/- as compensation and costs as awarded by the District Forum, Udaipur as the amount is quite reasonable, for, the complainant has suffered loss and injury by the negligence of the opposite-party. Shri Devilal, appearing for the appellant prayed that one month's time may be allowed to him to make payment to the complainant. We direct that the appellant shall make payment of Rs. 141/- to the complainant within one month from today after obtaining the receipt of the same. The District Forum, has stated in its order that if the amount is not paid within one month as directed by it, the opposite-party will suffer imprisonment or pay fine in accordance with the provisions of s. 27 of the Act. We modify this direction. If the amount of Rs. 141/- as compensation and costs is not paid within one month from today to the complainant against receipt, the complainant will be free to enforce the order regarding payment of Rs. 141/- to him against the opposite-party, in accordance with the provisions of the Act. It is hoped that the opposite party-appellant and other Gas Agencies will render proper services to the consumers (customers) by supplying refilled gas cylinders in time, if available with them, and at the time of delivering the gas cylinders to the consumers (customers) weigh before them by spring balance. The Gas Agencies should also check and verify the weight of the refilled gas cylinders before sending them for delivery to the consumers (customers) so that there may be no occasion for the complaints of less weight. Subject to the modification, the appeal is dismissed. Parties shall bear their own costs of the appeal. Order pronounced on May 31, 1989. .;