NUTAN GAS SERVICE UDAIPUR Vs. KRISHAN CHAND

JUDGEMENT

(1.) THIS appeal under S. 15 of the Consumer Protection Act, 1986 (Act No. 68 of 1986) ("the Act" herein) is directed against the order dt. 28-2-89 passed by the District Forum, Udaipur in Complaint Case No. 3/gas/89 by which the complainant was awarded a sum of Rs. 141/- as compensation and costs. The direction was also made that this amount should be paid by the opposite-party within one month to the complainant, failing which the opposite-party will suffer imprisonment or pay fine under s. 27 of the Act.

(2.) IT is not necessary to recount the facts leading to this appeal in detail. IT has been alleged by the complainant-respondent in the complaint that the opposite-party not only harassed him in supplying refilled gas cylinder but also supplied gas cylinder of less weight. IT was alleged that the opposite-party did not deliver the gas cylinder to the complainant and other consumers after weighing by spring balance. The opposite-party-appellant submitted the version of the case on 18-1-89 resisting the complaint. IT controverted the averments made in the complaint. IT was submitted that the complaint is false. IT asserted that the consumers are not harassed by the opposite-party. The opposite-party did not produce the record of the consumers as asked by the District Forum, Udaipur to ascertain the correctness of the defence. After considering the complaint and the version of the case and other relevant circumstances which were brought to its notice, the District Forum, passed the order as aforesaid on February 28, 1989. Hence this appeal. The respondent has filed written submissions after delivering its copy to the appellant.