MEENA KANCHAN vs SHIBBU

THIS is an appeal against the judgment and order dated 10.9.1992 passed by District Consumer Forum, Lalitpur in Complaint Case No. 139/1992.

THE facts of the case stated in brief are that the complainant Shibbu applied for an LPG Gas connection on 16.6.1989 from Arhant Gases, Civil Lines, Lalitpur. THE complainant was using that connection. THE complainant did not sell this connection to Smt. Meena Kanchan, w/o Ramesh Kanchan, r/o B-150, Awas Vikas Colony, Jhansi and no affidavit was also filed along with the application. THE complainant also did not apply for transfer of this connection. THE complainant''s paper about this connection were lost on 13.2.1989 about which an F.I.R. was lodged with the police station. Thereafter on the application of the complainant, the necessary papers were made available by opposite party No. 2, Arhant Gases, Civil Lines, Lalitpur. When the complainant went on 2.7.1992 to the office of the opposite parties, he was asked to deposit the gas connection papers on the ground that the same has already been sold to Smt. Meena Kanchan. The complainant''s request did not materialise, hence he filed this complaint.

The opposite party No. 2, Manager filed a written version and has stated that the allegations of the complainant are wrong. He has sold his connection to Smt. Meena Kanchan, the original records of which are available in their office. The complainant got the duplicate papers prepared fraudulently with the opposite party and on the basis of those papers, obtained a gas cylinder on 16.6.1992.

THE parties led evidence before the learned District Forum, who after considering the case of the parties, came to the conclusion that there was deficiency in service on behalf of the opposite parties, hence it directed the opposite parties 1 and 2 to make available the gas to the complainant. Aggrieved against this order neither the complainant nor the gas agencies has filed any appeal but the appeal has been filed by Smt. Meena Kanchan. No certified copy of the judgment has been filed with the memo of appeal. The copy of the judgment has been made available to this Commission by the Counsel for the respondent, therefore, in view of the fact that no copy of the judgment was filed along with the appeal, the appeal is incompetent and is liable to be dismissed on that ground alone. Even on merits this appeal has no force. There is no document on record to show that the complainant had transferred his connection in favour of Smt. Meena Kanchan. The complainant had already lodged a report about the loss of the original papers with the police station. Somebody might have got those papers utilized and transferred the connection in favour of Smt. Meena Kanchan by committing forgery, therefore, the appeal has no force and is liable to be dismissed. ORDER The appeal is dismissed. The judgment and order of the learned District Forum are confirmed. There will be no order as to costs. Let copy of this order be made available to the parties as per rules. Appeal dismissed.