G.T.SUBRAMANIAN vs V.S.C. AGENCIES

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE complainant is practicing as an Advocate. On 27/6/1992, he and his brother went to the Opposite Party''s petrol bunk in the Complainant''s scooter for filling petrol. THE Complainant paid Rs. 40/- for two, litres of petrol and 50 ml. of oil. No receipt was given to him. When the Complainant asked for receipt, the Opposite Party''s men gave a receipt without the vehicle number. After receiving the receipt the Complainant asked the Opposite Party''s men to put the petrol but they refused. THEy even used filthy language against the Complainant. Because of this incident, the Complainant did not fill petrol and went away. This amounted to deficiency of service and negligence. Hence this complaint for refund of some of Rs. 40/- and compensation in the sum of Rs. 1.00 lakhs. The Opposite Party denied all the allegations. It is admitted that the Complainant came to the petrol bunk on 27-6-1992 for filling petrol. The Complainant came straight to the counter paid the charges and got receipt for two litres of petrol and 50 ml. of oil. There was a crowd and a queue for filling petrol and the Complainant without standing in the queue demanded for the supply of petrol forthwith. The members of the public in the queue objected the same and the employees of the Opposite Party requested the Complainant to come in the queue. There was altercation on this ground and with great reluctance the Complainant stood in the queue for filled petrol. It is denied that he was abused in filthy words or that the Complainant went away without filling petrol. The claim for compensation and refund was disputed.

Exhibits A1 to A10 and B1 and B2 were marked by consent. Proof affidavit has also been filed.

THE case of the Complainant is that he paid Rs. 40/- and got Exhibit A1 receipt for two litres of petrol and 50 ml. of oil. THE bill amount is Rs. 36.40. According to the Complainant the employees of the Opposite Party refused to supply of petrol and oil and abused there in filthy words because he insisted on a receipt for purchase of petrol and oil. THE case of the Opposite Party is that after paying the amount and receiving the bill, the Complainant wanted petrol to be filled-up to him immediately while there was a large crowd in a queue in the bunk. THEre was protest from the Members of the public standing in the queue and the employees asked the Complainant to come in the queue and it is infuriated the Complainant. It is further the case of the Opposite Party that with very great reluctance, the Complainant stood in the queue and filled the petrol. Reliance is placed on Exhibit B1 copy of the register maintained by the bunk to show that the petrol was filled for Exhibit A1 bill. THE contention of the Complainant that the employees of the Opposite Party refused to fill petrol eventhough he had paid the money and got Exhibit A1 receipt does not appear credible. THE truth seems to be that the Complainant wanted to get petrol without standing in the queue and waiting for his turn and this has been objected to by the employees of the Opposite Party. It may be that the Complainant did not therefore wait and went away without filling the petrol. THE Complainant is therefore entitled to refund the amount of the bill and nothing more. In the result, we order the Opposite Party to return to the Complainant the sum of Rs. 36.40 covered by Exhibit A1 bill. No costs. Complaint allowed.