PHOOL CHAND Vs. YASHMAN SINGH

JUDGEMENT

(1.) The Shalu Gas Agency has come up in appeal against the order dated 30.9.1997 passed by the learned District Consumer Forum, Ambala, whereby the complaint of Yashman Singh, a consumer of L. P. G. alleging deficiency in service on the part of the appellant Gas Agency in the matter of booking and supply of gas cylinders, has been allowed by directing the Gas Agency to refund to the complainant the amount of Rs.1,435/- with interest at the rate of 18% p. a. with effect from 15.10.1995 till its payment alongwith the costs of proceedings amounting to Rs.500/-.

(2.) The short grievance of the complainant has been, that the Shalu Gas Agency has not been regular in the supply of gas cylinders due to which he had suffered a lot of harassment and mental agony. Aggrieved against that he claimed refund of Rs.1,500/- paid by him for obtaining the gas connection alongwith Rs.5,000/- as compensation with interest @ 18% p. a. On the other hand, the Gas Agency in its reply pleaded that though they were regular in the supply of gas cylinders yet the complainant was clearly told that in case he wanted to have better supply, he could get the gas connection transferred with Modern Gas Agency or to have his security amount of Rs.650/- i. e. Rs.500/- as security for the cylinder and Rs.150/- as security for the regulator, refunded. It was further pleaded that the Gas Agency of the complainant had since been closed. Hence they were not liable to pay any amount to the complainant. The learned District Consumer Forum, however, after examining the evidence produced by the parties directed the appellant to refund the amount of Rs.1,435/-with interest at the rate of 18% p. a. to the complainant.

(3.) In the appeal before us, the learned Counsel for the appellant at the very outset has stated, that they have already paid Rs.1,600/- to the complainant and only Rs.1,100/- remained as outstanding. He has, however, vehemently contended that there was no deficiency in service on the part of the appellant and no further amount was payable to the complainant.