DOF. 22 / 5 /08 DOO. 22 .6 /10 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 22nd day of June 2010 C.C.No.124/2008, 125/2008, 126/2008, 127/2008 and 128/2008 C.C.No.124/2008 Meethal Balakrishnan, Kolakkattuvayal, P.O.Ariyil, Pattuvam. Complainant 1. Secretary, Pattuvam SC Bank, Pattuvam. (Rep. by Adv.K.J.Chacko) 2. Manager, Gas Point (Southern Gas Corporation,) Opposite parties Manna, Taliparamba. (Rep. by Adv.K.Suresh Nambiar) C.C.No.125/2008 O.V.Gopalan, Soubhagam, Pattuvam, P.O.Pattuvam. Complainant 1. Secretary, Pattuvam SC Bank, Pattuvam. (Rep. by Adv.K.J.Chacko) 2. Manager, Gas Point (Southern Gas Corporation,) Opposite parties Manna, Taliparamba. (Rep. by Adv.K.Suresh Nambiar) C.C.No.126/2008 Munderi Narayanan Munderi House, Kavunkal, P.O. Pattuvam. Complainant 1. Secretary, Pattuvam SC Bank, Pattuvam. (Rep. by Adv.K.J.Chacko) 2. Manager, Gas Point (Southern Gas Corporation,) opposite parties Manna, Taliparamba. (Rep. by Adv.K.Suresh Nambiar) C.C.No.127/2008 P.T.Mayin, PattuvamKadavu, P.O.Pattuvam. Complainant 1. Secretary, Pattuvam SC Bank, Pattuvam. (Rep. by Adv.K.J.Chacko) 2. Manager, Gas Point (Southern Gas Corporation,) opposite parties Manna, Taliparamba. (Rep. by Adv.K.Suresh Nambiar) C.C.No.128/2008 P.Najma, Punnakkan House, Kunnuru, P.O.Pattuvam. Complainant 1.Secretary, Pattuvam SC Bank, Pattuvam. (Rep. by Adv.K.J.Chacko) 2. Manager, Gas Point (Southern Gas Corporation,) opposite parties Manna, Taliparamba. (Rep. by Adv.K.Suresh Nambiar) O R D E R Sri.K.Gopalan, President The subject matter and opposite parties are one and the same. Hence for the purpose of convenience the above matters have been taken together for consideration. CC.124/2008 This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.9,750/- as a compensation for the financial loss sustained by the complainant and refund Rs.5,250/- paid as advance together with the interest and cost of his proceedings. In nutshell, the facts as set out in the complaint are as follows: the complainant has taken cooking gas connection from2nd opposite party through 1st opposite party in the year 2000. The opposite parties made believe the complainant that the cooking gas would be supplied for a price below the subsidized then extant rate for which public sector are distributing. Believing them complainant paid Rs.5250/- as advance. But opposite parties increased the price time to time intermittently and manipulated in the weight. Moreover, the distribution of gas gradually became irregular. Because of the deficiency in service on the part of opposite party the complainant compelled to take new connection from private parties for high price to meet the requirement and thereby sustained a financial loss of Rs.9,750/- and suffered mental agony. Hence opposite parties are liable to pay the amount of Rs.9, 750/- the price of new connection and the advance amount Rs.5, 250/- with interest and cost. Hence this complaint. Pursuant to the notice issued by this Forum opposite parties entered appearance and filed version separately denying main allegations of complainant. The brief facts of the contentions of 1st opposite party are as follows: This opposite party never promised to issue cooking gas for a price less than the subsidized rate. The allegations that the opposite parties received Rs.5, 350/- as advance, the price of the gas increased from time to time, manipulated in the weight etc. are all baseless and false. It is also false that gas cylinder has not been delivered regularly. The allegation that the complainant suffered a loss of Rs.9, 750/- and mental agony due to taking of new connection from private agency is only a story built up only for the sake of complaint. Whenever there occurred shortage for gas cylinder this opposite party brought this fact before 2nd opposite party and found solution then and there. Complainant suffered no trouble from this opposite party due to any deed or deficiency of service, who received only meager commission from 2nd opposite party as an agent. Complainant did not give any notice to this opposite party before it was disconnected. Complainant can disconnect the cooking gas connection only giving notice to this opposite party. So there is no meaning in demanding to refund the amount given as advance. Similar to other agencies this opposite arty also increased the price when the prices are raised through the budget, as a part of increase in nation wide. This opposite party is ready to give cooking gas for fair price in keeping accurate weight and ready delivery at demand. Hence for an order accepting the connection of this opposite party. 2nd opposite party filed version separately contenting as follows: The complaint is not maintainable. The complainant has taken gas connection in the year 2000. So this complaint is barred by limitation. This opposite party supplied gas connection through opposite parties to the complainant. The allegation that opposite parties made believe the complainant that they can supply the LPG below the subsidized rate is absolutely false. The 2nd opposite party has not received an advance amount of Rs.5250/- the amount collected by the 1st opposite party is for gas connection including filled gas cylinder, stove regulator, lighter, tube etc. 2nd opposite party is a private gas agency who has not entitled for any subsidy from the Govt. And the rate of he gas maybe varying accordance to the international market rate. The allegation of manipulation of weight increase in price intermittently, cheating etc. are absolutely false. The allegation that the complainant has given excess price to another private gas agency to take gas connection and thereby sustained huge loss and mental agony is incorrect. Even now the gas is available at the reasonable rate in Pattuvam Service co. operative Bank and the complainant can collect the filled gas cylinder from the bank. 1st opposite party is still supplying filled gas cylinder to the customers. The customer has to go top the bank and collect gas. The complainant has not gone to the bank. So he has not received the gas. There is no merit in the complaint. Hence to dismiss the complaint. On the above pleadings the following issues have been taken for consideration. 1. Whether there is deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for the remedy as prayed in the complaint? 3. Relief and cost. CC.125/08 This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.9, 750/- as compensation and to refund Rs.5, 250/- with interest and cost. The facts of the case are same as that of CC.124/08. Hence it is not repeating those same facts here. Rs.5250/- has been paid by the complainant as advance at the time of taking the cooking gas connection. Opposite parties 1 and 2 filed version separately but reiterated the same contentions that has been raised in CC.124/08. On the above pleadings the following issues have been taken for consideration. 1. Whether there is deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for the remedy as prayed in the complaint? 3. Relief and cost. CC/126/2008 This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.9, 750/- as compensation and to refund Rs.5, 250/- paid as advance with interest and cost. The facts of the case are same as that of CC.124/08 and thus not repeated here. Complainant has paid Rs.5250/- as advance at the time of taking the cooking gas connection. Opposite parties 1 and 2 filed version separately but reiterated the same contentions rose in CC.124/08. On the above pleadings the following issues have been taken for consideration. 1. Whether there is deficiency in serviceon the part of opposite parties? 2. Whether the complainant is entitled for the remedy as prayed in the complaint? 3. Relief and cost. CC/127/2008 This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.9, 750/- as compensation and to refund Rs.5, 250/- paid as advance with interest and cost. The facts of the case are same as that of CC.124/08 and thus not repeated here. Complainant has paid Rs.5250/- as advance at the time of taking the cooking gas connection. Opposite parties 1 and 2 filed version separately but reiterated the same contentions rose in CC.124/08. On the above pleadings the following issues have been taken for consideration. 1. Whether there is deficiency in service on the part of opposite parties? 2. Whether the complainant is entitled for the remedy as prayed in the complaint? 3. Relief and cost. CC/128/2008 This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.9, 750/- as compensation and to refund Rs.5, 250/- paid as advance with interest and cost. The facts of the case are same as that of CC.124/08 and thus not repeated here. Complainant has paid Rs.5250/- as advance at the time of taking the cooking gas connection. Opposite parties 1 and 2 filed version separately but reiterated the same contentions rose in CC.124/08. On the above pleadings the following issues have been taken for consideration. 1. Whether there is deficiency on the part of opposite parties? 2. Whether the complainant is entitled for the remedy as prayed in the complaint? 3. Relief and cost. The evidence in the above 5 complaints consist of oral evidence of PW1,DW1 and documentary evidence Exts.A1 to A7 on the side of the complainants and Ext.B1 on the side of the opposite parties. Issues 1 to 3 in C.C.Nos.124/2008, 125/2008, 126/2008, 127/2008 and 128/2008 The issues 1 to 3 in the above 5 complaints have been taken up for consideration together for the sake of convenience and to avoid repetition of discussion of evidence in the complaints. The facts giving rise to the above complaints are that the complainants availed domestic cooking gas connection by paying an amount of Rs.5, 250/- each. Complainants alleges that connections were taken form 2nd opposite party through 1st opposite party in the year 2000 and had paid the amount Rs.5,250/- each as advance on the assurance that they would be supplied gas cylinder for a price less than that of the subsidized price of public sector. It is further alleged that the price increased by the opposite party intermittently manipulated in weight of the gas and not distributed the filled gas regularly. Hence the complainants had availed gas connection from private party by paying excess amount and thereby sustained a financial loss of Rs.9, 750/-. On the contrary opposite parties denied all the allegations except admission of availing gas connection. Opposite parties contended that the amount of Rs.5000/- received from the complainants were not as advance but for the cost of gas connection including filled gas cylinder, stove, regulator, lighter, tube etc. Ext.A2 is the receipt issued by 1st opposite party, Pattuvam co. operative Bank in the name of M.Nrayanan for Rs.5250/-. Ext.A2 reveals that the amount of Rs.5250/- is paid for gas connection and not as advance. Receipt does not show that amount Rs./5250/- had paid neither as advance nor as deposit. Ext.A1 is the paper advertisement but only a portion of the News paper which even does not reveal neither the date nor the name of the News paper. Anyhow the crux of the advertisement is that 15 kg. Gas is available for mere Rs.210/-. Ext.A1 can be considered as an offer but it cannot be taken as an offer that price Rs.210/- will remain for ever. The determination of price depends upon on various other factors including international market. Hence date and period of advertisement is an important factor to decide the actual role of advertisement. If the purchase is immediately after the advertisement the material importance is as much. In the absence of date we are not in a position to make any opinion about Ext.A1 in the point of view of evidencing value. Ext.A3 series are the lawyer notices sent by the complainants. The contents of the notices are the actual pleadings of the complainants. Ext.A4 series are the contentions raised in the version of opposite parties. ExtA5 series are returned notices. Ext.A5 (1) reopened and examined but seen that it is the same copy of ext.A3 series. Ex.tA6 series are domestic consumer gas card. Ex.tA7 (1) to A7 (24) are cash bills for gas cylinder. There are price differences. But it can be seen that from the year 2000to 2007 the domestic cooking gas has been used by the complainants. Ext.A3 is issued 27.12.07. Ext.A7(24) bill NO.18490 issued to Najma, complainant in CC.128/08 reveals that at least the complainants has purchased cooking gas from opposite party in the year September 2007. Notice is sent in the month of December 2007. That means for the last seven long year’s complainant used the gas provided by the opposite parties. In the cross examination PW1 deposed that ‘ \mcm-b-W³ 2007 \h-T-_À hsc-bpT Kymkv FSp-¯n-cp-¶p.It can be seen that legal notice sent on 27.12.07, very next month of delivery of gas. That means even the lst moment of sending the lawyer notice complainants actually utilized the gas connection provided by opposite parties. Ext.A5 (1) to A5 (3) are domestic Gas consumer card. All the three cards prove that all of them purchased gas up to2000. Naturally it can be presumed that two others also might have been purchased like this. PW1 deposed to another question that “subsidized gass\¡m-fpT hne-Ip-d¨v Kym kv Xcm-sa¶p ]{ X ]c-ky¯n ]d-ªn-cp-¶nà “. To a pointed question PW1 deposed that “private gas subsidies \nc-¡n In«p-tam-sb-¶-dn-bn-Ã. km[m-cW _m¦n t]mbn«v FSp-¡m-dmWv ]Xn-hv. _m¦nÂ-F-Sp-¡m³ t]mbn-sÃ-¦n In«nà F¶Xp icn-bm-Wv. There is no evidence to show that opposite party has promised that the gas could be provided in subsidized rate. Though connection receipts has not been produced it is evident that all the consumers had paid Rs.5, 250/- each for connection. No one has complaint that they did not get cylinder and regulator. All of them used it for seven years and moreover the equipments are in the custody of the complainants. They have no case that they have surrendered the equipments and asked for refund. They have no case that they have tried to surrender the equipments before opposite parties. PW1 deposed in cross examination that “2 knen--dpT Hcp-d-Kp-te-ä-dp-T-X-¶n-cp-¶p. connection charge DÄs¸-«-XmtWm F¶-dn-bn-Ã. cylinder Xncn-¨p-sIm-Sp-¡p-T-t]mÄ deposit XpI Xcp-T-F-¶mWv hy-hØ“. But the above said equipment had not been surrendered and complainants have no case that they have attempted to surrender it at anytime. Even if proved price rise alone cannot be taken as a ground to hold deficiency of service upon the shoulders of opposite parties. Since the price determination depends upon various reasons including the policy of govt.and international market. The opposite parties has taken a stand from the very outset that there was no break in supply of gas even if there occurred shortage on certain occasions. The complainants did not inform opposite party that the gas connections were disconnected. Moreover opposite parties are still offering to provide gas readily provided delivery should have been taken from 1st opposite party bank under such circumstances it s difficult to told opposite parties are guilty of deficiency in service. Hence issues 1 to 3 are found against complainants. In the result, the complaint Nos. CC.124/2008, 125/2008, 126/2008, 127/2008 and 128/2008 are dismissed. No order as to costs. Sd/-/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainants A1.Paper advertisement A2.Receitp dt.24.4.00 A3.Copies of the lawyer notice sent to Ops A4.Copy Reply notice A5.Returned notice A6.Consumer card issued by OP A7.Receipts issued by OPs Exhibits for the opposite parties /forwarded by order/ B1.Replynotices Witness examined for the complainants PW1.O.V.Gopalan Witness examined for the opposite parties Senior Superintendent DW1.Pavithran Consumer Disputes redressal Forum, Kannur
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
