MONALISA GAS SERVICE Vs. RAJESHKUMAR PUNAMCHAND SHAH

JUDGEMENT

(1.) The appellant is the original opposite party who is distributing gas cylinders. The complainant is an applicant for gas cylinder and was entitled to receive the gas connection as per his term. The opposite party stated that they have already given the gas connection by delivering the cylinder and regulator and, therefore, the complaint should be dismissed. The complainant has stated and submitted before the District Forum that he had not received any gas cylinder or regulator and, therefore, the contention of the opposite party was wrong.

(2.) In this case the opposite party has not only alleged to have delivered the gas cylinder and regulator but also rendered some services thereafter.

(3.) After hearing both the parties, the District Forum has accepted the case of the complainant and passed an order directing the opposite party to consider him as a consumer and give him gas connection immediately. This order was passed to give immediate connection to the complainant, the opposite party did not carry out the order of the District Forum and, therefore, the complainant filed an execution proceeding before the Civil Judge, J. D. Kalol. It appears that on 11.2.93 the opposite party has given a purshish stating that without prejudice to his right to file appeal, he has agreed to release the gas connection on or before 15.2.93. The complainant has produced the kabulatnama with the appeal.