MAHABIR PRASAD AGRAWAL Vs. SWASTIK GAS DISTRIBUTORS

JUDGEMENT

(1.) This appeal is directed against order dated 6.12.90 passed by the District Forum, Santhalparganas (Dumka), Camp Sahebganj, directing the appellant who was opposite party before the District Forum (here-in-after called the opposite party) to give L. P. G. Cylinder to the respondent, who was complainant before the District Forum and here- in-after called the complainant. The District Forum granted a token compensation of Rs.500/- to the complainant for putting him under stress and strain in obtaining gas connection from him (the appellant) to which he was entitled.

(2.) The relevant facts of the case may be briefly stated. Admittedly the complainant applied for L. P. G. Cylinder and his application was registered by the opposite party - who is Distributor of Indane Cooking Gas at Sahebganj. The case of the complainant is that inspite of several reminders to the O. P. and assurance given by the O. P. he could not get the cooking gas through the opposite party got the oven purchased by the complainant inspected. The complainant filed complaint before the District Forum for a direction to the O. P. for supply of L. P. G. Cylinder to him and also for compensation for stress and strain caused to him by the O. P. The version of the case as put forth by the opposite party on the other hand was that the Registration Slip are issued to the different applicants for supply of L. P. G. cylinders and they are supplied according to the "first come first serve system". The further case of O. P. was that during inspection it was found that the complainant has already a gas cylinder and pressure regulator from before and that the complainant has not deposited the fee for inspection of oven at his house and that according to the rules the complainant is not entitled for gas connection. The O. P. has also challenged the maintainability of the case of the complainant before the District Forum.

(3.) Before this Commission the appellant has assailed the validity of the order passed by the District Forum on two grounds. Firstly, it has been submitted that the District Forum has directed the opposite party - appellant to give L. P. G. cylinder to the complainant which order could not be passed by the District Forum u/sec.14 of the Consumer Protection Act, There appears substance in the submission on behalf of the appellant. A case can be filed before a Consumer court only for any of the relief as enumerated in Clauses A, B, C and D of Sub-section 1 of Sec.14 of the Act. The Consumer Court cannot pass any order directing to do something or desist from doing anything. Such order is not contemplated by any of the clauses of Sub-section 1 of Sec.14 of the Act. We are butressed in our view by the principles laid down by the National Commission in A. P. State Electricity Board and others V/s. A. P. State Electricity Consumer Association, 1992 1 CPJ 148.