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Judgment
M. Shreesha, J
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:
"Respondent No. 1 shall resume supply of gas cylinder to the Appellant forthwith on the basis of fresh booking being made by him and pay compensation and litigation cost to the tune of Rs.40,000/- and Rs.4,000/- respectively and also deposit a sum of Rs.50,000/- with the State Consumer Welfare Fund, within 40 days henceforth, i.d., simple interest, payable to the Appellant, @ 9% p.a. over the sum of Rs.40,000/- shall accrue from the date of filing of the complaint case till full and final payment is made."
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.
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.
The State Commission observed that for any illegal retention of any empty gas cylinder no formal complaint was lodged by the dealer but only a GD was made after a prolonged delay on 14.07.2014.
It is observed from the record that the finding of the District Forum in CC/188/2015 vide order dated 15.03.2017 has attained finality as the dealer did not prefer any Appeal before the State Commission. The finding of the District Forum was only limited to the extent that the Complainant was directed to book a gas cylinder and whenever the filled gas cylinder is delivered by the dealer he should hand over the empty cylinder. We find force in the contention of the Complainant that when the Complainant did not have an extra cylinder the attitude of the delivery man of the dealer in insisting on the same before delivering the gas cylinder amounts to deficiency of service, more so, keeping in view that the supply of the gas for the Complainant was disrupted for a period of five long years, we do not find any illegality in the order passed by the State Commission granting compensation of Rs. 40,000/- and costs of Rs. 4,000/- with default interest clause of 9% p.a. However, the direction to deposit Rs. 50,000/- to the State Consumer Welfare Fund is set aside and the rest of the order of the State Commission stands Confirmed.
In the result, this Revision Petition is allowed in part and the order of the State Commission is modified to the extent indicated above.