West Bengal

South 24 Parganas

CC/13/2014

SRI GOBINDA HALDER, S/O, Fatik Chandra Halder. - Complainant(s)

Versus

"SONAR BANGLA GAS SERVICE " (Assam Oil ), Under Indian Oil. - Opp.Party(s)

Sanjay Kumar Das.

18 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24-PARGANAS, ALIPORE, KOLKATA – 700 027

                                                       C.C. Case No.___13______OF_____2014________

Date of Filing :_16.1.2014                                                                             Date of Passing Judgement: _18.3.2014

Present                                :               President       :   Udayan Mukhopadhyay

                                                Member(s)    :   Dr.(Mrs.) Shibani Chakraborty

Complainant                                      :  Sri Gobinda Halder,s/o Fatik Chandra Halder at Kalar Khal,

                                                            P.O Uchhepota, P.S Sonarpur, Kolkata – 150, Dist. South 24-Parganas.

                                                                                                                -Versus-

O.P/O.P(s)                                          : “Sonar Bangla Gas Service”, (Assam Oil), under Indian Oil,

  Kolkata-107, P.O E.K.T.P, P.S Tiljala.  

                                                AND

Indian Oil Corporation Ltd. Eastern Region, Indian Oil Bhawan-2,

Gariahat Road, Dhakuria, Kolkata – 29, P.S. Lake.

                                                                                                JUDGEMENT

Sri Udayan Mukhopadhyay, President

It is the short case of the complainant that he is a consumer of LPG Gas of Indian Oil under the distributorship of Mangaldeep of 46/1, Raja S.C Mallick Road, Jadavpur, Kolkata – 700 032 and he has annexed his domestic Gas Consumer Card as A1. But he has permanently shifted his residence at Kalarkhal under P.O Ucheepota , Sonarpur, Kolkata – 700 150. He obtained termination voucher and applied gas connection from Sonarbangla Gas Service (Assam Oil) , under IOC atPosr E.K.T.P, Kolkata – 70 107 under P.S Tiljala as per advise of authority of Mangaldeep. Thereafter O.P asked to submit with all residential proof and self proof documents . The complainant presented and showed all the stated below documents to the O.P and his staff  which are Voter Card, Ration Card, Electric Bill, Labour Card, Bank Pass Book of UBI and certificate of Kheadah II Gram Panchayet , Pan Number.

 It has stated that among the above said documents electricity bill, labour card, bank pass book , certificate of Gram Panchayet are reflected the present address of the complainant. But O.P and his staff harassed the complainant by not accepting the documents and not allow the termination voucher of Mangaldeep and behaved very rudely towards him. Thereafter two legal notices were followed . Hence, the complaint since the O.P has acted deficiency in service and acted unfair trade practice.

                The O.P-1 filed objection and has denied all the allegations leveled against them .

It is the positive case of the O.P-1 that complainant is running an old Age Home in the same premises and is trying to transfer the Gas Connection which is used in domestic purpose, which has revealed after inspection. It has stated that they have taken photographs wherefrom it revealed that the premises is being used as Ramthakur Bridhabas duly approved by the Government and Kalarkhal ,P.O Ucheepota, Sonarpur. The registration no. SL52040 and carrying on business and last gas connection is required for the said old Age Home Business. It has further claimed that the Gas has been transferred for commercial purpose of the residence of the Old Age Home which has been suppressed to O.P-1 and transfer of Domestic Gas Connection will be issued for the purpose of profit motive . It has claimed that the Pradhan of Kheadaha II Gram Panchayet also intimated the said things vide letter dated 24.3.2014 . It has claimed that Government is giving subsidy for domestic purpose and not for commercial use for which the Gas connection was not provided. Hence, the O.P prays for dismissal of the case.

                Proforma O.P-2 also filed written version . He has also denied the allegations made against O.P-2 and has claimed that complainant is running an Old Home in the said premises and is trying to transfer the Gas connection which is used in domestic purpose . This O.P has admitted that Gas is required for the complainant only for commercial purpose for the residence of the Old Age home but complainant has suppressed the said fact and trying to take domestic connection for commercial use . The Pradhan of Kheadaha II Gram Panchayet also intimated the O.P-1 in his letter dated 24.3.2014 . This O.P has claimed that complainant cannot use domestic connection for commercial purpose .Hence, prays for dismissal of the case with cost.

                Is there any deficiency in service by the O.P-1 by not giving domestic Gas connection for commercial use?

                                                                                Decision with reasons

                We have no hesitation to hold that at this stage non supplying domestic gas connection for commercial use as applied for by the complainant to the O.P-1 is justified. So, on a moment scrutiny we find that O.P did not act any deficiency in service which is appearing from the reply of complainant of question no.5 and his own affidavit in para 2 based on letter dated 24.3.2014 issued by Pradhan, Kheadahat II Gram Panchayet , Village Dargatala, P.O Kheadaha, Sonarpur, 24-Parganas, wherefrom it reveals that complainant is running one Bridhashram in the name Ramthakur Bridhashram and complainant also admitted that he only applied for the Gas connection for domestic purpose as in effect the Mangaldeep Dealer has issued the said Gas connection for domestic in nature in his name, if thereby required a commercial gas connection ,then without hesitation he applied for the same . In that score we must have to say that it is upon the complainant to exercise his option whether the gas will be used for domestic or commercial purpose . Since complainant has applied for domestic purpose, Mangaldeep Gas Dealer rightly issued domestic Gas connection . Here complainant has suppressed the actual purpose or mode of use of the said Gas connection.  Again if we turn our eyes to the affidavit in chief of the complainant wherefrom in para 2 complainant has compelled to say that it is a fact that the complainant is running an Old Age home in the said premises and is trying to transfer the Gas connection which is issued in domestic purpose. It is a fact that photograph of the main entrance door  was taken wherefrom it reveals that Ramthakur Bridhabas duly approved by the Government at Kalarkhal P.O Uchipota Under P.S. Sonarpur, Kolkata – 150 being Registration no.SL 52040, is carrying on business . Thus the totality of the circumstances clearly demonstrates that the complainant suppressing the material facts tried to use the domestic gas connection for his business i.e. profit . But when it is a Consumer Redressal Forum, we are to see how the consumers will be benefited ,for which we propose to O.P-1 to convert the domestic gas connection into commercial connection after paying the differentiate money as required for taking commercial gas connection for the business of the complainant.

                With that observation ,it is

                                                                                                                Ordered

That the O.P-1 and 2 are directed to convert the domestic gas connection of the complainant into commercial purpose since the gas connection will be issued in his business which is not his only livelihood and the same has not been mentioned in the petition of complaint, within 45 days from the date of this order , subject to fulfill the necessary formalities of commercial connection by the complainant within fifteen days from the date of this order , failing which it will be treated as deficiency in service and O.Ps have to bear compensation and cost of Rs.10,000/- .

It may further mention here that if after complying the necessary formalities domestic connection is not converted to commercial connection, within the stipulated date by the O.Ps ,then complainant has liberty to file execution case in separate proceedings through this Forum.

Thus the case is disposed of.

Let a plaint copy of this order be served upon the parties free of cost.

 

                                                                                Member                                                              President

Dictated and corrected by me

 

                                President