M.THANIKACHALAM J. - (1.) The appellant as complainant filed a complaint before the District Forum against the respondent/opposite party praying for the direction to the opposite party to pars.10,000/- as compensation for the mental agony, annoyance, pain and suffering and to pay Rs.5,000/-as cost towards. The District Forum dismissed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.19.06.2008 in C.C.223/2007. This appeal coming before us for hearing finally on 07.04.2011, upon hearing the arguments of the appellant counsel and perused the documents, as well as the order of the District Forum, this Commission made the following order: The unsuccessful complainant is the appellant.
(2.) The complainant/appellant is having an Indane gas service connection No.41044 with the opposite party. The opposite party was not regular in booking and supplying Indane Gas and in fact, for the booking dated 4.6.2007, delivery was given only on 18.06.2007 though they ought to have delivered the cylinder on 09.06.2007, thereby causing a delay of 9 days. In the delivery receipt also, incorrect dates were given. Further, the opposite party refused to book cylinder, when informed, stating that the booking will be made only after 45 days of the prior supply. As per the Circular and Paper Publication, the consumers, are entitled to book a new cylinder after 21 days of the supply and new cylinder should be supplied within 5 days, which was not followed by the opposite party, thereby they have committed deficiency in service and the same was not rectified, causing mental agony, despite issuance of lawyer notice. Hence, the complaint is entitled to a compensation of Rs.10,000/-, in addition to, cost of Rs.5,000/-.
(3.) The opposite party not disputing the complainant is their consumer, opposed the application, contending that they are maintaining the procedure of first come, first serve in the case of supplying of cylinders, that at no point of time, they have violated the procedure or overlooked the seniority, that the date of bill has nothing to do with the actual date of delivery, that the supply of gas cylinders depends upon various factors, which are beyond the control of the opposite party and as Gas Agency, they will supply to the consumer, depending upon the delivery of cylinders, from the Indane Gas Company and if any delay had caused by the Indane Gas Company, they cannot be held responsible, thereby praying for the dismissal of the complaint, denying the other averments also.;