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YUGENDAR GAS AGENCIES vs VAMSHI GAS AGENCIES

National Consumer Disputes Redressal Commission · Decided on 10 June 2003 · Citation: 2004 2 CPJ 375

HON’BLE JUDGES
P.Ramakrishnam Raju , Mamata Lakshmanna , C.P.Suresh J.
RESULT
Appeal dismissed
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Judgment

4 paragraphs · 381 words
1.

THE appeal was already dismissed against Rule 3 and Rule 4 as proof of service of notice on them was not filed. So also no proof of service on the second respondent is filed.

2.

HENCE the appeal against 2nd respondent is also dismissed. The first opposite party in C.D. No. 90/97 on the file of District Forum, Warangal is the appellant. The case of the complainant is that the 1st opposite party is a firm dealing in Gas. The complainant made an application for dealership by making deposit of Rs. 5,000/-. On the assurance given by the 1st opposite party, complainant made all arrangements for establishment of the business by printing bill books, receipt books etc. But the 1st opposite party failed to supply gas. Hence he approached the District Forum.

The District Forum found that the complainant deposited a sum of Rs. 5,000/- and hence directed the opposite parties refund of the said amount with interest at 18 per cent. It also directed opposite parties to pay a sum of Rs. 7,500/- towards purchase of furniture, stationery etc. The opposite parties are directed to pay the complainant Rs. 25,000/- towards compensation together with costs of Rs. 1,000/- with interest at 18 per cent. Hence the appeal.

3.

THE District Forum relied upon letter dated 5.9.1994 wherein the opposite party No. 1 gave green signal to the complainant stating that it is appointed as Call Gas Dealer at Sayampet and that the complainant can go ahead with arrangements. However, it failed to allot gas agency to the complainant. As such the District Forum found that the complainant who has paid a sum of Rs. 5,000/- by way of deposit out of Rs. 30,000/- is entitled to recover the said amount as well as a sum of Rs 7,500 incurred by it towards furniture, stationery etc. and further sum of Rs. 25,000/- towards loss of profits and damages suffered on account of failure on the part of the opposite party No. 1 to allot the Gas Agency. THE District Forum rightly found that there is deficiency in service on the part of the appellant. This order in our view does not suffer from any infirmity. THE appeal, therefore, fails and is accordingly dismissed. Time for payment 6 weeks. Appeal dismissed.