DIPAN ROY Vs. SREEMA (INDAN) DISTRIBUTORS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Dipan Roy against the order dated 11.09.2013 of the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') passed in SC Case No.FA/108/13.

(2.) Brief facts of the case are that the complainant/petitioner booked for gas refill, on 20.8.2011 as booking no.241269 with the opposite party/respondent. To the utter shock to the complainant, opposite party did not deliver the gas refill, even after 18 days from the date of booking. Opposite party did not deliver the gas refill, even after getting a registered letter from the complainant. As the opposite party was not willing to supply the gas refill to the complainant, this act of the opposite party amounted to deficiency in service. The complainant filed a consumer complaint before the District Consumer Disputes Redressal Forum South 2- Pargans, Alipore Kolkata (in short the 'District Forum'). Opposite party contested and pleaded that all the gas agencies had to be regulated by norms and procedure as laid down by Indian Oil. Complainant did not book any refill, either before or after sending the letter. Complainant only booked for gas refill on 26.9.2011 and the same was delivered on 28.9.2011. The complaint was allowed vide order dated 31.12.2012 as follows:-

(3.) Aggrieved by the order of the District Forum, opposite party filed an appeal bearing No.FA/108/13 before State Commission. The State Commission passed the following order on 11.09.2013:-