Facts in brief are that petitioner's father had been using sui gas supplied by the respondents. The petitioner claims that he was punctual in paying the gas bills but respondents proceeded to remove his gas meter for personal reasons. The petitioner repeatedly approached the respondents both in person as well as through local respectables, for restoration of gas but they did not redress his grievance despite serving them legal notice on 9-1-09 and 4.11.09. Hence, this petition for restoration of connection of gas supply as well as recovery of suit amount of Rs. 41000/- as damages.
2. Respondents were granted adjournment to file written statement. On 4-2-10 ex-parte proceedings were taken against them as none of them appeared. On 23.2.10 petitioner's ex-parte evidence was recorded which comprises his affidavit, legal notices dated 9-1-09 / 4 11-09 gas bill and dispatch receipt.
3. On 9-3-2010 respondents filed an application for setting aside ex-parte proceedings which was granted on payment of cost. On 17-5-10 respondents filed their written statement wherein they took a preliminary objections i.e. The petitioner is not a consumer, that he is guilty of stealing gas and has also defaulted in paying sui gas bills.
4. Arguments heard on respondent's preliminary objections and record perused.
5. As already stated, the petitioner is not the consumer of respondents as petitioner's gas meter is in the name of his deceased father who was survived by other legal heirs also. Petitioner's gas meter was disconnected on the allegation that he was stealthily using gas for commercial purpose. The petitioner was also found involved in using fake gas meters. A huge gas bill of more than Rs.1,40,000/- is out standing against him. He also appears to have violated certain terms and conditions of contract for supply of gas (for domestic use). As such, petitioner's conduct is not above-board. He has approached this court only to avoid payment of gas billing instead of facing departmental action / proceedings initiated by the respondents.
6. For what has been discussed above, petition is dismissed with the observation that petitioner may approach the concerned forum for redressal of his grievance, if advised so.
7. After due completion, file be consigned to record room.