BIJNOR GAS AGENCIES vs NARENDRA SINGH

THIS is an appeal against the judgment and order dated 29.5.1998 passed by District Consumer Forum, Bijnor in Complaint Case No. 325/1997.

THE facts of the case stated in brief are that the complainant booked a gas connection with Bijnor Gas Agency in the year 1983-84. On the ration card, stamp was fixed giving the number as 4160. THE entry of this fact was also made in the register by the gas agency. In spite of several reminders, the gas connection has not been released to the complainant even though the gas connection has been released to other persons. THE complainant was told by the gas agency that connection numbers from 2120 to 4478 have already been transferred to V.S.M. Gas Agency. Hence it has been made opposite party No. 2. Opposite party No. 1, Bijnor Gas Agency has alleged that booking No. 4160 was given to one Daya Shankar Shukla, Nai Basti, Bijnor whose ration card number is 152508. At that time a red slip was also given after fixing a stamp to the persons concerned alongwith the ration card. From the papers, it was advertised that those persons to whom red slips have been issued should get their firm booking slip but the complainant did not do so. If any other person has obtained gas connection on that slip, then the answering opposite party is not liable for the same.

Opposite party No. 2 has alleged that they are issuing gas according to the transfer cases.

THE learned District Forum after considering the case of the parties directed the opposite party No. 1 to provide gas connection to the complainant on his filing an affidavit. Aggrieved against the order of the learned District Forum, the opposite party No. 1 has come in appeal and has challenged the correctness of the order passed by the Forum.

WE have heard the learned Counsel for the parties and have perused the evidence on record. Learned Counsel for the appellant has argued that the Slip No. 4160 was not allotted to the complainant but was allotted to some other person whose name is Daya Shankar Shukla on record. The appellant has filed copies of the Indane Consumer Register in which the names were entered. Slip No. 4160 pertains to one Daya Shankar Shukla whose ration card number is 152508 as mentioned in this copy of the register. It is dated 19.4.1984. The signature of Daya Shankar Shukla and the seal of the agency also appears on this copy. Copy of the ration card of the complainant is also on record. The ration card number provided in this copy of ration card is 756027. Thus we find from the entries of the copy of the register filed by the appellant, it is clear that the booking was not done by the complainant but by one Daya Shankar Shukla. The ration card number in this register do not tally with the ration card number of the complainant. Moreover, the complainant has not produced the red slip which was issued, according to his own allegations, by the gas agency. In absence of this red slip it cannot be said that the complainant booked the gas connection and the gas connection was in his name. Keeping in view these facts it is clear that the complainant has failed to prove his case that he booked a gas connection with the appellant agency. No deficiency of service on behalf of the appellant has been proved in this case and hence the appeal is liable to be allowed. Order The appeal is allowed and the judgment and order of the learned District Forum are set aside and the complaint is dismissed.

LET copy as per rules be made available to the parties. Appeal allowed.