NATIONAL FORUM FOR CONSUMER EDUCATION vs PATEL GAS AGENCY

THIS is a revision application against the order of District Forum, Akola dated 5.8.1993 passed in complaint No. 390/92. The complainant Sau. Asha Deshpande alleged before the District Forum that, she is a registered consumer of the domestic LPG having consumer No. 4318 with the opposite parties. The complainant alleged that, on 28.3.1992 she requested the opposite parties for fresh gas cylinder. The complainant further alleged that, she had to visit the shop of opposite party No. 1 at least 15 times involving her in considerable expenses till 8.5.1992 when she was delivered a fresh gas cylinder. The complainant alleged that, she was to take delivery from the show-room of opposite party Nos. 1 and 2 and had to incur the expenditure of Rs. 20/- and that the cylinder was not delivered at her residence. The complainant therefore claimed Rs. 2,000/- as compensation on account of deficiency in service of the opposite party. The complainant also alleged that wrong entries were made on her consumer card by the opposite party No. 1. The District Forum relying on the entries found in the consumer card rejected the complaint on the ground that, the allegation of the complainant as regards her booking for the fresh gas cylinder on 28.3.1992 is false. The complainant has filed her affidavit and ascertained that, she had made booking on 28.3.1992 but in view of the wrong entries made by the opposite party in her consumer card, her claim has been denied by the District Forum.

WE have heard Shri Gawande for applicant and Shri Malviya, Advocate for the respondent. After hearing the arguments and going through the record, we find that the allegations made by the complainant as regards the false entries made on her consumer card by the opposite party has not been inquired into by the District Forum. Even there is no issue framed by the District Forum on that ground. The complaint about her claim of booking the gas cylinder on 28.3.1992 is rejected by the District Forum on the basis of the consumer card. It is pertinent to note that, when the entries in the consumer card are alleged to have been manipulated by the dealer the District Forum should not have relied on those entries for purposes of determining the dispute between the two parties without recording oral evidence. It is found that this dispute has been decided on consideration of affidavits only. No evidence has been recorded by the District Forum to ascertain the facts as to whether the entries in the consumer card are genuine or manipulated. Obviously, the District Forum has been misled as believed them regards the entries on the consumer card as genuine. Under these circumstances, it is not possible to upheld the finding of the District Forum and it requires to be set aside. Hence, we pass the following order ORDER Revision application is allowed. The impugned order is set aside. The complaint is remitted back to the District Forum, Akola for fresh decision according to law with the direction to record the evidence of the parties in relation to the consumer Card and other connected matters in this revision application. Revision petition allowed.