AMIR AHMED vs PROPRIETOR, PRAGATI GAS FLAME AGENCY

THIS is an appeal against the judgment and order dated 9.4.1992 passed by District Consumer Forum, Rampur in Complaint Case No. 5/1992.

THE facts of the case stated in brief are that the complainant, who is residing in Rampur, applied for a gas connection with Pragati Gas Flame Agency, Rampur in 1985. He was told by the Manager that the complainant shall inform as soon as the gas connection is available. THE complainant did not receive any information from the Manager. THErefore, it contacted the Manager. In October, 1991 a letter was received for Pragati Gas Flame Agency for taking one additional gas connection. He went to the Manager of the agency and told him that he has not been provided with a gas connection so far. THEreafter the complainant came to know that the opposite party No. 1 has issued gas connection of the complainant in the name of some other person. A report of the same was lodged by his brother in the police station. The opposite party, Pragati Gas Flame Agency has alleged that the claim is not maintainable against them. The gas connections are booked and issued by them in accordance with the rules and regulations prescribed by the Gas Company. It is further alleged that it is very difficult to identify any particular customer in view of large number of customers. Their identification is made from the ration card and the signatures which are affixed by them on the booking slip. The consumer is required to produce the ration card and the booking slip at the time of taking gas connection. This procedure is also followed at the time of booking of the gas connection. One set of the above is kept by the Gas Agency and the other set is given to the person who has booked the gas connection. As the complainant did not get his connection verified, therefore, he was not given the connection.

The learned District Forum, after considering the case of the parties, dismissed the complaint holding that there was no deficiency of service on the part of the gas agency.

AGGRIEVED against the order of the learned District Forum, the complainant has come in appeal and has challenged the correctness of the order passed by the District Forum. We have heard the learned Counsel for the parties and have perused the evidence on record.

IN the present case learned Counsel for the appellant has argued that in 1985 the complainant applied for a gas connection which was to be released to the complainant and information of which was to be sent by the proprietor. When the complainant received a letter for issuing second gas cylinder, he came to know that the gas connection has been given to some other person and not to him. In the present case if the complainant had booked a gas connection then he should have obtained a booking receipt from the gas agency. When the turn of gas connection came, he should have produced this receipt to the Manager of the gas agency so that the connection may have been issued in his name. The complainant has not filed any such writing to show that he booked the gas connection and did not receive the same. Therefore, it is clear that the complainant had not booked any gas connection. The paper which is filed on record does not show that he had booked a gas connection and did not receive the same. The appeal has no force and is liable to be dismissed. Order The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. There will be no order as to the costs. Let copy as per rules be made available to the parties. Appeal dismissed.