VISHWANATH GANGADHAR PATANKAR Vs. AVADHOOT GAS AGENCY

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner/Complainant under Sec. 21(b) of the Consumer Protection Act, 1986 against order dtd. 26/5/2009 passed by Maharashtra State Consumer Disputes Redressal Commission, Mumbai (for short "State Commission") in First Appeal No.1256 and 1257 of 2008, whereby Appeal No.1256 filed by him was dismissed and Appeal No.1257 of 2008 filed by Respondent No.1/Opposite Party No. 1 was allowed.

(2.) Case of the Petitioner/Complainant is that he tried to book his gas cylinder but Opposite Party No.1 refused to accept the bookings for 21 days without any reason. As per provisions of Ideal Gas Distribution System Regulations, the gas cylinder must be delivered within 48 hours from booking. Opposite Party No.2 announced the Ideal Gas Distribution System and published a booklet called 'Ideal Gas Distribution System Regulations' (for short, "IGDS Regulations') governing the rights of the Consumer and responsibility of the Collector in the event of a Complaint. Gas distributors must obey these Regulations. In case of violation of the provisions of IGDS Regulations, it is the duty of the Collector to take necessary action in the matter. The Complainant filed an application with Opposite Party No.2 to take action against Opposite Party No.1 for violating the regulations by not delivering the gas cylinder within 48 hours of booking, but Opposite Party No.2 failed to take any action. Alleging deficiency in service and unfair trade practice on the part of Opposite Party No.1, the Complainant filed Complaint Case No.250/2008 with the District Forum with the following prayer:-

(3.) The Complaint was resisted by the Opposite Parties by filing separate written statements. Opposite Party No.1 stated that they had not refused any service to the Complainant. Distribution of gas cylinders is made under the supervision of Tehsildar, Taluka Supply Office and Sales Officer of Opposite Party No.1. If the Complainant was aggrieved by the services of Opposite Party No.1, he could make Complaint to the aforesaid officers, which the Complainant did not do. Further, twice a month Gas Adalat is held to address Consumer Complaints regarding the Ideal Gas Distribution System. The Complainant also failed to make any complaint in the Gas Adalat. There was no deficiency in service on the part of Opposite Party No.1.