BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 87 of 2015
Date of Institution : 29.4.2015
Date of Decision : 14.10.2016.
Kishori Lal son of Shri Atma Ram, resident of village Bupp/ Bappan, Tehsil and District Sirsa.
……Complainant.
Versus.
Bhupindra Gas Agency Industrial Area, Sirsa through its Incharge.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ………..……MEMBER.
Present: Sh.D.S.Sandhu, Advocate for the complainant
Sh. Ashish Singla, Advocate for the Opposite parties.
ORDER
Case of complainant in brief, is that he is consumer of opposite party being gas connection holder bearing consumer No.37427 having card No.8106738 SV No.504977755 dated 22.3.2004. The complainant has been taking the supply of cylinders from the op time to time as per the policy and kept on taking the supply from 2 June, 2009 up to 8th March, 2014 regularly without any interruption on payment of amount and he never remained defaulter in making the payment towards the supply or otherwise. However, to his surprise, in the month of March, 2014, the supply of the cylinders was stopped by op without disclosing any cogent reason. Thereafter, the complainant immediately contacted the op and requested to supply the cylinders but the officials of agency disconnected his name from the list of consumers and refused to supply the cylinders to him and stated that connection has been disconnected being multiple connection, whereas actually the connection of the complainant is not multiple which can be verified from the agency’s record. The complainant made a request to the op vide complaint No.222376 dated 27.8.2014 in this regard but to no effect. Thereafter, the complainant has been making rounds and rounds to the agency and has been making repeated requests to continue his gas service but all in vain rather the officials of agency insulted and abused him. It is further averred that since for the last more than 13 months, no gas cylinder has been supplied to the complainant and finding no other alternative he kept on taking the supply in black/without subsidy and at almost double price of the supply. The act and conduct of the opposite party amounts to gross negligence, deficiency in service and unfair trade practice which has caused unnecessary harassment and mental agony to the complainant. The complainant also got served a legal notice upon op on 3.3.2015 calling upon to continue the supply of gas cylinder and to supply 11 gas cylinders to the complainant for the period Apriol, 2014 to March, 2015 and to pay a sum of Rs.50,000/- as compensation for harassment and to pay Rs.2200/- as counsel fee but to no effect. Hence, this complaint.
2. On notice, opposite party replied that in the year 2014 all the Gas Connection holders were required by the Central Government to fill the Know Your Customer (KYC) Form facilitating the Government to keep a check on those consumers who have taken multiple connections from various gas agencies and from different distributors. In the present case also the KYC form was obtained and while compiling the data of different gas agencies, it was found that the complainant is also holding another gas connection of HP Gas in his name issued from Kailash Gas Service Sirsa under consumer No. 606906. Finding this fact, the Bharat Petroleum Corporation Ltd. on the directions of the Central Government blocked the connection on account of duplication in compliance of LPG (Regulation of Supply and Distribution) order passed by the Ministry of Petroleum and Natural Gas on 26.4.2000. The direction 3 (1) (a) of this order clearly says that no person shall possess more than one connection LPG granted under the Public Distribution System. Remaining contents of the complaint have also been denied.
3. In order to make out his case, the complainant has placed on record his affidavit Ex.C1, documents Ex.C2 to Ex.C9 and affidavit of his nephew Inderjeet Singh Ex.C10. On the other hand, op has placed on record affidavit Ex.R1 and documents Ex.R2 to Ex.R9.
4. We have gone through the record of the case carefully and have heard learned counsel for the parties.
5. In support of its case, the opposite party has placed on file DBTL (CTC) Status of Kailash Gas Service Ex.R5 wherein name of Kishori Lal is mentioned having consumer No.606906. Then in the list of consumers of Kailash Gas Service Ex.R6 bearing Sr. Nos.12401 to 12420, the name of Kishori Lal, with address H. No.811 VPO Bappan Sirsa is appearing at Sr. No.12407 having consumer No.606906. The opposite party has also placed on file copy of the order dated 26.4.2000 passed by Ministry of Petroleum and Natural Gas. There is clause No.3 in the said order regarding Restriction on unauthorized possession, supply and consumption of liquefied petroleum gas and sub section 1 (a) of the said clause stipulates that A person having a connection for liquefied petroleum gas under the public distribution system shall not possess more than one connection of liquefied petroleum gas granted under the public distribution system and then provisos have been given. The complainant has not placed on file anything to show that the above said connection of HP Gas issued by Kailash Gas Service, Sirsa does not pertain to him and pertains to some another Kishori Lal. The complainant has not refuted the stand of the opposite party by way of his affidavit or some other document.
6. If the complainant wants to restore his connection with the opposite party, then he will have to take a report from Kailash Gas Service that the said connection does not pertain to him and if said connection pertains to him then he will have to get cancelled the same from said agency and will have to submit the documents in this regard to the opposite party. Upon submission of above said report or documents regarding cancellation of the connection with Kailash Gas Service, the opposite party will restore the connection of the complainant and will continue the supply of refilled gas cylinders to the complainant. 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: 14.10.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
