NARWANA GAS SERVICE vs Bhagwan Dutt

THIS appeal is directed against the order of the District Forum, Jind granting the marginal relief of the release of a gas connection to the respondent consumer and awarding him Rs. 700/- compensation and Rs. 300/- as costs. Since the appellant has confined himself entirely to the quantum of compensation, the facts may be noticed with the utmost brevity.

THE respondent in his complaint had alleged that three years back he had booked an L.P. Gas connection with the respondent vide registration No. 1656. On the 24th of July, 1989 he was intimated by the appellant himself through a letter that his turn had come and he may take delivery of the cylinder after depositing the security. However, when he approached the appellant for compliance, he was refused the connection on one pretext or another. THEreafter, on the 11th of November, 1989, the respondent even secured the orders from the office of the Indian Oil Corporation at Chandigarh that the connection in his favour was still valid but inspite of this also, the connection was not released to him on the facile ground that the releasing of connections was closed and the appellants did not have any regulator. THE complainant was consequently compelled to make a representation to the Sub Divisional Officer (Civil) at Narwana which was sent for enquiry to the concerned authorities and despite intercession by the Assistant Food & Supply Officer the connection was still declined. It was the complainant''s case that the appellants were intentionally harassing him and refusing to give the connection and hence the relief of its release and other ancillary prayers were made. On notice being issued to the appellants through the proprietor Shri Ishwar Singh Lamba, no appearance was put in on their behalf and the District Forum was consequently compelled to proceed ex parte against them. On the basis of the evidence produced by the complainant and finding that there was no rebuttal thereto the relief noticed at the outset was granted.

Mr. Ishwar Singh, the proprietor of the appellants has virtually conceded that he has not the least grievance against the direction of the release of a gas connection to the respondent and in fact stated that the same had already been done. His whole submission was that the compensation granted was not justified because there was not any express and specific prayer for the same in the complaint.

IT is somewhat manifest that the solitary submission is rested on a hyper-technicality. IT is by now well known that the beneficent consumer jurisdiction is not to be shackled with the strict technicalities of procedure under the civil law. Since no grievance is being made against the primal relief of the release of connection not any challenge is posed on the merits. IT is evident on the record that even after the appellants had themselves offered in their letter that the respondent may take delivery of the cylinder after depositing security etc., he had been denied the benefit thereof for more than three years by now. The respondent had to go through the mill of first beseaching the appellants and their principals the Indian Oil Corporation and further to make resort to the Sub Divisional Officer at Narwana and ultimately compelled to knock at the doors of the District Forum. The harassment and the loss for all this period is indeed self-evident and a marginal compensation of Rs. 700/- only therefor perhaps is on the side of being somewhat modest. The only argument raised for assailing the compensation is thus without merit and must be rejected. For the foregoing reasons, this appeal must fail and is hereby dismissed. However, we leave the parties to bear their own costs since no appearance was put in on behalf of the respondent. Appeal dismissed.