PRITAM CHAND DOGRA Vs. BALDEV RANA

JUDGEMENT

(1.) This order shall dispose of compensation application filed by Shri Pritam Chand Dogra (hereinafter referred to as applicant) under Sec.12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as Act) against Shri Baldev Rana, authorised dealer Vandana Gas Agency, Village Alampur (for brief, R-1) and M/s. S. O. S. Products Pvt. Ltd. of Bhiwani (for brief, R-2 ).

(2.) During 1994, respondent No.1 had opened a Gas Agency under the name of Vandana Gas Agency in Village Alampur, Distt. Kangra, H. P. and started its business as authorised dealer of respondent No.2, who was said to be the manufacturer and distributor of gas cylinders of 12 kgs. through a number of authorised dealers all over India. The family and old mother of the petitioner were living at his native village, Alampur. On persuasion of R-l, the applicant had purchased a gas cylinder of 12 kgs. size and paid a sum of Rs.1,100/-and was issued a receipt for the same by R-2. In addition to the aforesaid amount, the petitioner was made to pay Rs.400/- on account of cost of regulator and Rs.200/- as service charges for which receipts were issued by the respondents. R-1 also charged Rs.1,200/- towards cost of L. P. G. Stove and issued a warranty card for the same. Thus, the applicant in all paid Rs.2,900/- to the respondents. R-l assured the applicant that he will not face any difficulty such as defect in the equipment and refilling of the gas cylinder which will be provided at the residence of the applicant as and when required.

(3.) R-2 after providing smooth service through R-l for some time, started harassing the petitioner's family. R-1 shifted its office to Sujanpur Tira, Distt. Hamirpur from Vill. and P. O. Alampur, the native village of the petitioner and stopped the supply of refilled gas cylinders as was promised. Somehow, the petitioner spent huge amounts for getting the cylinder refilled at the new office of R-l. During December, 1997, when the petitioner visited his native village, he was shocked to know that R-1 has closed the business of gas agency and had started a new business of electronics under the name of Pooja Electronics. On this, the petitioner requested R-1 if he has no arrangement for supplying the refilled cylinders, then he should return the money of the aforesaid equipment to the applicant so that he can get the gas connection from Indian Oil Corporation. R-l neither returned the amount in question nor supplied the refilled gas cylinder to the petitioner. Left with no other alternative, the petitioner approached this Commission for compensation.