CHANDRA SHEKHAR PARASHAR vs MOHAN GAS AGENCIES

THE complainant before the District Forum has filed this appeal against the order dt : 6.4.90 passed by the District Forum, Jaipur in Complaint Case No. 798/89 by which the complaint was dismissed. THE complainant-appellant is having gas connection No. 602078 of HPC. THE agent for supplying the gas to the complainant is Mohan Agencies opposite party-respondent. It was alleged by the complainant that the opposite party keeps the receiver off of the telephone so that no consumer can book for refilled cylinder, and that the delivery man who comes to deliver the cylinder does not have a weighing machine with him. It has been alleged that on 12.9.1989 at about 8.00 P.M. one delivery man came to the house of the complainant-appellant to instal refilled gas cylinder but he was not having weighing machine with him. It was detected on the next morning that the cylinder was empty. THE complainant went to the office of the opposite party on 13.9.1989 and complained about the empty cylinder supplied to him last night. He was told that a refilled cylinder will be sent within week. Subsequently another cylinder was supplied to the complainant. THE cylinder was put to use and after two weeks it became empty. THE complainant complained to the opposite party about it. He was told that supply of the refilled cylinder will be made after 21 days. It is said that on account of necessity after paying premium the refilled cylinder was purchased from the delivery man of the opposite party. THE complaint is dt : 3.11.1989. THE following reliefs were sought : 1. that the opposite party may be directed to supply refilled gas cylinder to the complainant as early as possible.

THAT the opposite party should be bound down to send a weighing machine with the delivery man who brings the refilled gas cylinder. That a direction should be given That after the opposite party is communicated That the cylinder has become empty and gas has been exhausted, it should supply the gas cylinder within 15 days.

That on account of the inconvenience caused for cooking the food on kerosene stove for three days, compensation may be awarded. 2. The opposite party-respondent filed version of the case on 1.2.1990. It traversed the allegations made by the complainant. Para 4 of the version of the case is as follows : In the additional pleas it was stated That this complaint has been filed to bring undue pressure on the opposite party, on concocted facts. An application was filed by the complainant on 13.2.1990 for the production of the record by the opposite party mentioned in the application. The complainant filed his own affidavit on 14.3.1990 in support of the complaint. On behalf of the opposite party, affidavit of Smt. Surtu Ajwani was filed. The District Forum by its order dt : 6.4.1990 dismissed the complaint holding That the complainant has not been able to substantiate the allegations made in the complaint. While not agreeing with the submission made by the complainant, it opined That there is no substance in the complaint. The complainant has filed this appeal. 3. We have heard Mr. Jainendra Jain for Mr. R.D. Rastogi Advocate for the appellant. Nobody appeared for the respondent. We have carefully considered the record. Refilled gas cylinders are to be supplied to the consumers in accordance with Order No. Rasad/R. Gas/88/1911 dated 25.1.1988 issued by the Collector (Supplies) Jaipur. Amongst others in That order it is mentioned therein : The complainant is not entitled to a direction against the opposite party-respondent That it should supply refilled gas cylinder to the complainant as early as possible or within 15 days from the date of information That the gas cylinder has become empty and gas has been exhausted. The opposite party is to follow the conditions laid down in the order referred to above for supply of refilled gas cylinders to the consumers till it remains in force or is modified. As regards the prayer of the complainant That the delivery man should bring the weighing machine with him while delivering the gas cylinder to the consumer, it was observed by us in Nutan Gas Service, Udaipur v. Shri Krishan Chand (First Appeal No. 17 of 1989 decided on 31.5.1989) as under : "It is hoped That the opposite party-appellant and other gas agencies will render proper service to the consumer/customers by supplying refilled gas cylinder in time if available with them and at the time of delivery gas cylinder to the consumers/ customers weigh before them by spring balance. The gas agency should also check and verify the weight of the refilled gas cylinder before sending for delivering to the consumers/customers so That there will be no occasion for the complaints of less weight".

The observations made by us in Nutun Gas Service''s case (supra) will also govern the case on hand. On the basis of the material on record and the circumstances emerging from it, the District Forum was right in holding That on 13.9.1989 the complainant was not supplied refilled gas cylinder of less weight or an empty cylinder or That refilled cylinder was not supplied in time. No exceptions can be taken to the finding recorded by the District Forum.

LEARNED Counsel for the appellant did not raise the point of compensation before us and he rightly did so, for the reason that no specific amount to be awarded as compensation is mentioned in the complaint and there is no evidence in support of it. The appeal fails and it is hereby dismissed. The respondent has not appeared and therefore there will be no order as to costs. Appeal dismissed.