M.THANIKACHALAM J. - (1.) THE third opposite party is the appellant.
(2.) THE complainant/first respondent, who obtained a gas connection from the third opposite party, booked for a cylinder on 11.08.2008, under refilled booking No.126
(3.) THE complainant has not supplied the cylinder and therefore on 18.07.2008, he booked another cylinder. For the first booking, the third opposite party did not supply the cylinder, when questioned, has given evasive reply, scolding with filthy language also, causing deficiency in service, for which, the complainant is entitled to a sum of Rs.25,000/- as compensation, in addition, seeking a direction to supply the retained booking cylinder.3. The opposite parties questioning the averments in the complaint, admitting the booking on 11.08.2008, resisted the case, contending that when the delivery was attempted on 30.08.2008, unable to be effected due to non-availability, subsequently whenever booking was made, delivery was effected, even on the very same day and the complaint has become non-est and infructuous, as on this date, thereby praying for the dismissal of the complaint since, they have not committed any deficiency in service.;