CHANDRIMA ENTERPRISES Vs. ABDUL HALIM

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short, "the Act") is to the order dated 21.01.2019 in First Appeal No. A/429/2017, passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, "the State Commission"). By the impugned order, the State Commission, while allowing the Appeal preferred by the Complainant modified the order of the District Forum and observed as follows:

(2.) It is the case of the Complainant that he had booked one gas cylinder in the last week of December, 2013 and though the delivery man of M/s. Chandrima Enterprises (hereinafter referred to as "the dealer") visited his residence on 08.01.2014. Since, the existing cylinder was not exhausted, he was requested to once again come after a few days. Thereafter, the Complainant booked one more cylinder on 29.01.2014 and in March, 2014 but the dealer did not deliver the gas cylinder, despite several requests.

(3.) It is the case of the Petitioner that their delivery man visited the Complainant's residence on 05.03.2014 and delivered a gas cylinder and requested the Complainant to return the empty gas cylinder and pay its price, but despite repeated requests and one more visit on 08.03.2014, the Complainant refused to return the empty cylinder, forcing the dealer to lodge a GD in this regard with Ekbalpur Police Station and submitted that there was no deficiency of service on their behalf.