<br /> <br /> By SRI.K. VIJAYAKUMARAN, PRESIDENT.<br /> <br /> This complaint is filed by the complainant for getting the refill of gas cylinder and other reliefs.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant has taken gas connection from the Civil Supplies Corporation outlet, Kayamkulam on 14.12.2001 with S.V.No.603371654 it was subsequently transferred to the 2nd opp.party. While so, the first opp.party started gas agency and the 2nd opp.party transferred the connection coming in the area of Oachira to the 1st opp.party. Thereafter the 2nd opp.party has stopped their agency. On 5.5.2003 the complainant approached the 1st opp.party for refilling of cylinder and it was refilled. The 1st opp.party asked the complainant to surrender the regulator and cylinder supplied by the 2nd opp.party and to take the cylinder and regulator of Indian Oil Corporation. It was also endorsed in the book of the complainant. On 29.7.2003 the complainant approached the first opp.party for surrendering the cylinder and regulator of Bharath Ptetoleum Corporation and to refill the gas. But the 1st opp.party refused the same and misbehaved. The 1st opp.party has also not supplied gas to the complainant till date. Thereupon, the complainant approached the 2nd opp.party for surrendering the regulator and cylinder who also refused to receive the same on the ground that the complainant can take refills only from the agency to which his connection is attached. Thereafter, the complainant approached the first opp.party several times. But the first opp.party who was bound to receive the same and supply refills failed to do so. The conduct of the 1st opp.party is deficiency in service and hence the complaint.<br /> <br /> The first opp.party filed a version contending interalia, that the complaint is not maintainable either in law or on facts . It is admitted that the first opp.party is the owner of Gas Agency at Oachira under Indian Oil Corporation Ltd. The complainant was the subscriber of Civil Supplies Corporation at Kayamkulam. Thereafter the complainant transferred his connection to the 2nd opp.party. Since the opp.party started a gas agency at Oachira the customers of the 2nd opp.party around Oachira had transferred their connection to the 1st opp.party. The complainant was also having connection with the 2nd opp.party which was under the Bharath Petroleum Corporation. The complainant had also transferred his connection from the 2nd opp.party to the 1st opp.party as per the direction of the 2nd opp.party. As per the procedure of the Inter Oil Company transfer of customers, the customers from the Oil companies have to surrender their cylinders, regulators and other equipments and records. But the complainant had obtained a gas cylinder from the 1st opp.party promising that the other cylinder and regulator shall be surrendered soon. But he had not turned up. The 1st opp.party had requested to surrender the cylinder and regulator through registered post along with subscription voucher. But the complainant had not cared to surrender the cylinders and regulator. The complainant had caused to send a lawyer’s notice to the first opp.party raising false allegation that the opp.party had sent a registered envelope in which two blank papers were enclosed for which a reply notice was issued. Even after receipt of the said notice the complainant had not surrendered the cylinder and regulator. Since the Inter Oil Campany transfer of customers is already over only after getting the permission from the Indian Oil Corporation the 1st opp.party will be able to give connection to the complainant after accepting the cylinder and regulator. If the complainant had complied with the direction of the 1st opp.party in time, he would have already availed the connection of the first opp.party. Only because of the latches of the complainant he was unable to obtain the connection of the 1st opp.party. There is no deficiency of service or unfair trade practice on the part of the opp.party. Hence the first opp.party prays to dismiss the complaint.<br /> <br /> <br /> The 2nd opp.party filed a version contending, interalia, that the complaint is not maintainable. There is no specific allegation against the 2nd opp.party. The 2nd opp.party had cancelled and closed their agency at Oachira and transferred all their connection in that locality to the first opp.party as per the directions from the dealer M/s Bharath Petroleum Corporation Ltd. The averments in para 5 to 9 are denied. No specific relief is sought for as against the 2nd opp.party. Hence the 2nd opp.party prays to dismiss the complaint.<br /> <br /> <br /> <br /> Points that would arise for consideration are:<br /> <br /> <br /> 1. Whether there is deficiency in service on the part of the opp.parties<br /> 2. Reliefs and costs.<br /> <br /> <br /> <br /> For the complainant PW.1 is examined. Exts. P1 to P3 are marked.<br /> <br /> <br /> For the opp.party DW.1 is examined. Exts. D1 to D5 are marked.<br /> <br /> <br /> <br /> Points 1 and 2<br /> <br /> <br /> The case of the complainant is that the 1st opp.party is not issuing refills of Indian Oil Company to him after receiving the Bharath Petroleum cylinder and regulator. Ext.P2 shows that the 1st opp.party has received the SV voucher from the complainant and Ext.P3 series shows that the complainant was issued with cylinder on 5.5.2003 and on 7.03 which means that the complainant was accepted as a consumer by the 1st opp.party.<br /> <br /> Now the case of complainant is that opp.party 1 is not receiving the gas cylinder and regulator of opp.party 2 from him and not supplying the cylinder and regulator of Indane. It is not known as to how opp.party 1 received the subscription voucher from the complainant as shown in Ext.P2 and issued cylinders to the complainant without surrendering the regulator and cylinder of opp.party 2 by the complainant. When the 1st opp.party received the SV voucher and issued cylinder to the complainant, the presumption that can be drawn is that the regulator and cylinder of the earlier dealer has been surrendered by the complainant and the same has been received by opp.party.1<br /> The case of opp.party 1 is that the complainant has not surrendered the regulator and cylinder of opp.party 2 and so they issued Ext.D4. But the contention of the complainant as pointed out earlier is that the 1st opp.party refused to take the regulator and cylinder when he took them to 1st opp.party. The reason stated by 1st opp.party is that they cannot take them as the period of inter oil company transfer was over by that time and they can take them only after getting sanction from the authorities concerned. There is absolutely nothing to show that opp.party 1 has obtained sanction from the authorities before issuing Ext.D4. No material, worth believable, was also produced to show that during the relevant period the inter oil company transfer was over and that the 1st opp.party was prevented from receiving the regulator and cylinder from the complainant . It is pertinent to note that only after Ext.P1 complaint and legal notice the opp.party 1 has issued Ext. D3 and D4. In Ext. D3 it is stated that at the time of transfer due to shortage of cylinder only one cylinder was changed over to opp.party 1 and when cylinder position improved required the complainant to surrender the other cylinder but he did not surrender. It is not forthcoming as to whether such a procedure is allowable in receiving one cylinder alone and allowing the party to retain the other cylinder and regulator. It is also not forthcoming as to how the opp.party returned the original subscription voucher after receiving it from the complainant and giving consumer number and cylinders evidenced by Ext.P2 and P3. The general procedure as could be gathered is to receive the subscription voucher and accessories if any new connection is issued by the transferee agency when consumer number and cylinder are issued to the complainant after receiving the subscription voucher the only inference that can be drawn is that everything was done as per rules. If the consumer number and cylinders were issued without getting the cylinder and regulator of opp.party.2 it is obvious that there is some sort of clandestine act on the side of opp.parlty1. Nothing was produced to show that opp.party 1 has authority to do so. In the absence of such authority from such conduct of opp.party 1 it to be presumed that opp.party1 is not following the procedure laid down in this regard. From the available materials it is obvious that the complainant was running from Pillar to posts to get the gas refill cylinder. Opp.party1 who received subscription voucher and issuing consumer number and cylinder has a duly to receive the cylinder and regulator from the complainant. The non production of the inter oil company transfer orders to prove that when the complainant came to surrender the regulator the period expired or the subsequently obtained sanction from the concerned authorities, the sudden willingness of opp.party1 to receive the cylinder and regulator from complainant in Ext. D3 and D4 after Ext.P1 complaint etc. raises suspicion. From the available materials now before us we are of the view that the refusal of opp.party 1 to receive the cylinder land regulator from the complainant is with a view to harass the complainant which is clear deficiency in service. Point found accordingly. <br /> <br /> In the result the complaint is allowed. The 1st opp.party is directed to take back the cylinder and regulator of opp.party 2 from the complainant and issue the cylinder and regulator of Indian Oil Corporation and supply refills thereafter as per rules. The 1st opp.party is also directed to pay Rs.2500/- as compensation and Rs.1000/- towards costs. The order is to be complied with within one month from the date of this order.<br /> <br /> Dated this the 1st day of September, 2008.<br /> <br /> <br /> <br /> I N D E X<br /> <br /> <br /> List of witnesses for the complainant<br /> PW.1. – K.K. Premji<br /> <br /> List of documents for the compl.ainant<br /> P1. – Letter dated 11.11.2004.<br /> P2. –Consumer card<br /> P3. - Cash memo for refill<br /> <br /> List of witnesses for the opp.party<br /> DW.1. – K.R. Dileep<br /> <br /> List of documents for the opp.party<br /> D1. – Authorisation letter<br /> D2. – Bharath Petroleum Subscription<br /> D3. – Postal receipt and acknowledgement<br /> D4. – Reply notice<br /> D5. – Customer History card.<br /> <br /> <br /> <br />