BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 229 of 2016                                                               

                                                           Date of Institution         :    8.9.2016

                                                          Date of Decision   :    11.5.2017.

Kamaljeet Singh aged about 40 years son of Shri Sant Lal, resident of 260, Old Housing Board Colony, Sirsa, Tehsil and District Sirsa.

                      ……Complainant.

                             Versus.

Bhupindra Gas Service, Near PCI Godown, Industrial Area, Sirsa, Tehsil and District Sirsa through its Proprietor/ Manager/ Authorized person.

                                                                         ...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. RAGHBIR SINGH…………………PRESIDENT

                  SMT. RAJNI GOYAT ………..………..MEMBER.    

                   SH. MOHINDER PAUL RATHEE…… MEMBER

Present:       Sh. Ramesh Mehta,  Advocate for the complainant.

Sh. Ashish Singla, Advocate for the opposite party.

                   ORDER

                   Case of complainant in brief, is that he is consumer of opposite party’s company vide consumer ID No.71453646 dated 5.12.2015 and in this regard the op had issued a subscription voucher to him on 5.12.2015. Thereafter, the op had started to deliver the gas service to the complainant and subsidy has also been deposited in his bank account. But after that the op stopped to deliver the gas service to the complainant and issued a letter to him stating that another gas connection is previously running in the house of complainant and asked to get back the deposited amount of said connection. However, there is no any other connection in the name of complainant as alleged by op. The complainant has a separate ration card from his family. Hence, he is entitled to get a gas connection as per the rules but the op has disconnected the gas supply to the complainant intentionally. It is further averred that after issuance of the aforesaid letter, the complainant kept on visiting the op and making requests to supply the gas service to him as per law. He also showed his readiness to deposit the requisite documents as well as necessary fee in this regard but inspite of it neither any response has been given to the genuine request of complainant nor the gas service was provided to him. Ultimately on 23.3.2016 the complainant finding no other alternative, got issued a registered legal notice to the op but to no effect. Hence, this complaint.

2.                On notice, opposite party appeared and filed reply taking preliminary objections regarding maintainability; locus standi and cause of action. On merits, it is submitted that as per the directions of the Ministry of Petroleum, Government of India, no household can take two gas connections at the same time at one house. Therefore, a survey is conducted by the gas agencies from time to time to verify about the duplicate issuance of gas connections. On inspection at the house of the complainant, it was found that he was using another gas connection at the kitchen for which the connection in dispute was issued. In this background, the complainant is asked either to get the other gas connection cancelled or to get refund of the deposited amount of the connection in dispute and the supply to the same has been suspended. The complainant never got cancelled the other duplicate connection installed in his premises and thus, there is no reason for him to ask the op to supply the gas service. Remaining contents of complaint have also been denied.

3.                In evidence, complainant produced his affidavit Ex.CW1/A, copy of subscription voucher Ex.C1, copy of statement of account Ex.C2, status report Ex.C3, copy of ration card Ex.C4, copy of legal notice Ex.C5, postal receipt Ex.C6, copy of driving licence Ex.C7, photograph Ex.C8 and copies of aadhar cards Ex.C9 to Ex.C12. On the other hand, op produced affidavit Ex.R1, copy of amendment Ex.R2, copy of order dated 26.4.2000 Ex.R3, copy of letter Ex.R4, copies of postal receipts Ex.R5, Ex.R6, copy of reply of legal notice Ex.R7 and copy of postal receipt Ex.R8.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                Today at the time of arguments, learned counsel for the opposite party has made a statement that if the complainant furnishes an affidavit to the effect that there is no other gas connection of any other gas agency at his house and is ready to furnish copy of his Aadhar Card as identity proof, then the opposite party is ready to restore the gas connection of the complainant within a period of five days. As the complainant is claiming that he is having only one gas connection i.e. with the opposite party and he has no other gas connection of any other gas agency in his name, therefore, complainant is directed to furnish an affidavit to the opposite party that he has no other gas connection of any other gas agency in his name and will also furnish copy of Aadhar Card as proof of his identity and upon this, the opposite party will restore the connection of the complainant within further five days as per statement of learned counsel for op.

6.                There is no document/ evidence placed on file by the opposite party to show that complainant is having another gas connection of any other gas agency in his name. No such inspection / survey report has been placed on file by the opposite party. The opposite party could have asked the complainant to furnish such an affidavit but as the opposite party has failed to corroborate its version through any cogent and reliable evidence that complainant is already having one another gas connection of some other company and without any cogent record taken from another gas agency it has stopped the gas supply to the complainant, therefore, end of justice would be met if the opposite party is also directed to pay lump sum amount of Rs.2000/- to the complainant for harassment including litigation expenses. We order accordingly. The opposite party is directed to pay the said amount of Rs.2000/- to the complainant within one month from the date of receipt of copy of this order, failing which the above said amount of Rs.2000/- will carry interest @9% per annum from the date of order till actual realization. Besides this, the opposite party will also be bound by the statement of learned counsel for op subject to furnishing of above said affidavit and copy of Aadhar Card by the complainant. It is also made clear that in case complainant fails to furnish the above said documents i.e. affidavit and copy of Aadhar Card to the op, then he will not be entitled to restoration of gas connection and amount of Rs.2000/-. The present complaint stands disposed of accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.

Announced in open Forum.                                           President,

Dated: 11.5.2017.                                                 District Consumer Disputes

                                                                             Redressal Forum, Sirsa.

                   Member                Member