DATE OF FILING : 5.4.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of August, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.BINDHU SOMAN MEMBER

C.C No.92/2011

Between

Complainant : Baby T.L.,

Thannickal House,

Moolamattam P.O.,

Idukki District.

(By Adv: Sibi Thomas)

And

Opposite Parties : 1. Deepthi,

The Manager,

Geo Gas Agency,

Nedumpara Building,

Olamattam, Thodupuzha – 685584,

Idukki District.

2. Asha,

Clerk and Computer Operator,

Geo Gas Agency,

Nedumpara Building,

Olamattam, Thodupuzha – 685584,

Idukki District.

3. George Joseph,

Proprietor - Geo Gas Agency,

Nedumpara Building,

Olamattam, Thodupuzha – 685584,

Idukki District.

(All by Adv: Sijimon K. Augustine)

O R D E R

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

The complainant is a consumer of Geo Gas Agency, Thodupuzha with consumer No.25958, availed on 15.9.2009. After one year of the same, the complainant applied for extra cylinder and it was sanctioned by the opposite party. So a letter was issued from the office of the 3^rd opposite party directing the complainant to receive the same within 60 days. The complainant enquired through telephone to the opposite party office for getting the same through the road delivery, if the complainant pays the amount at the opposite party's office. But it was denied by them and they directed the complainant to approach the opposite party with vehicle for getting the same and there will be a little time for delivering

(cont.....2)

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the same. So on 18.3.2011, the complainant hired an autorickshaw and approached the 3^rd opposite party office at Thodupuzha. They directed the complainant to wait for ½ an hour and after that the 2^nd opposite party verified the records of the complainant and they directed to produce the ration card of the complainant. The complainant produced the attested copy of the ration card to the opposite party and told that the original card has been given to the Supply Office for transferring the same. And also told that the original card will be produced when it is received from the Taluk Supply Office. But the opposite party denied to issue the DBC. The complainant requested the 1^st opposite party for getting the DBC because the delivery of DBC are not initialled in the ration card and it is only initialling in the consumer book provided by the Gas Agency. But after that, when the 1^st opposite party called the 2^nd opposite party who is the manager of the opposite party, the complainant revealed all the things to the 2^nd opposite party also and all the other relevant records except the original ration card showed to her. The complainant has undertaken that the original card will be produced when it receives from the Supply Office. But the 1^st and 2^nd opposite parties misbehaved and abused the complainant. They also directed to produce an affidavit from a notary for the same. Even the complainant requested both of them for 1½ hours at the opposite party's office, they deliberately avoided and harassed the complainant. Even when the complainant asked for the telephone number of the 3^rd opposite party, they denied to issue the same. The 1^st and 2^nd opposite parties are usually harassing the customers who are approaching the opposite party's office for getting new connection and it is usual practice in the opposite party's office. The 1^st and 2^nd opposite parties harrased the complainant while the complainant also approached for availing the new connection. So this petition is filed for getting compensation against 1^st and 2^nd opposite parties for the deficiency in service and also for mental harassment and financial loss caused to the complainant. The complainant paid Rs.300/- as auto charge for approaching the opposite party.

2. As per the written version filed by the opposite party, the complaint is not at all maintainable because the Indian Oil Corporation is a necessary party and it is bad for non-joinder of necessary party. It is admitted that the opposite party issued domestic gas connection to the complainant. While the complainant applied for the 2^nd cylinder, at that time itself, essential documents required for the release of second cylinder was intimated to the complainant. All the customers including complainant were given the guidance to visit the opposite party office, during working hours, with all essential documents as stipulated in the intimation letter for the second (DBC) cylinder, which are essential for the release of DBC as per the policy of the Government. When the complainant contacted the opposite party office, this facts was also intimated to him. The complainant approached the opposite party's office without ration card, against which the gas connection has been allowed initially. As

(cont.....3)

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per the Government rules, non ration card holders are to submit an affidavit to that effect. When the complainant approached the opposite party it was explained to him. The complainant even failed to produce the acknowledgement from the Supply Office towards the surrender of the ration card. As per the available records, the complainant is in possession of ration card on which official endorsement of the issue of initial gas connection with a single cylinder has been made. Endorsement of DBC also expected to be made in the ration card, as per the Government guidelines in force. The opposite party is reputed for their friendly and cordial approaches with our customers for the past 26 years. LPG is a subsidized product and is governed by the policy of the Government and LPG control order from time to time. As per the LPG control order in force no person shall possess more than one LPG connection in his name or in the family and it shall be noted down in the ration card of the customer. A separate notarised format also essential. There is no deficiency from the part of this opposite party.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of oral testimony of PWs1 and 2 and Exts. P1 to P15 marked on the side of the complainant and Ext.R1 to R4 marked on the side of the opposite parties.

5. The POINT :- As per the complainant, who filed affidavit and examined as PW1, he is having a domestic LPG connection as consumer No.25958, availed on 15.9.2009. Ext.P1 is the copy of book issued at the time of availing the connection in the name of the complainant. Exts. P2 and P3 are the subscription voucher issued to the complainant. The complainant applied for 2^nd cylinder and it was sanctioned. So a letter was issued from the opposite party's office for collecting the same and the copy of the same is marked as Ext.P4. On receipt of the letter, the complainant enquired about the availability of the cylinder and they told the complainant to approach the opposite party with vehicle for carrying the same. The complainant approached there and produced all the relevant documents except the original ration card and attested copy of the same was produced. Ext.P5 is the copy of the old ration card of the complainant. Ext.P6 is the copy of the ration card in the name of the brother of the complainant. The two ration cards were also produced at the opposite party's office. But they denied to issue the 2^nd cylinder and directed to produce the original ration card. But the original ration card was produced before the Taluk Supply Office and the matter was also intimated to the 1^st opposite party. But the 1^st opposite party was not ready to issue the cylinder. The 2^nd opposite party, who is the manager of the 1^st opposite party was also there and the complainant requested

(cont......4)

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the 2^nd opposite party several times for getting the cyliner. But both of them abused and misbehaved the complainant. They harassed the complainant at the office of the opposite party. They even never given the telephone number of the proprietor, who is the 3^rd opposite party. About 1½ hours, the complainant spent there, but the opposite party asked to produce a notary attested affidavit. But the complainant already produced an affidavit at the time of availing the original connection and it was duly attested by the notary and the opposite party directed to produce the affidavit stating that there is no other gas connection prevailing in the name of the complainant. Because the same was given to the opposite party already, the complainant was not ready to produce the affidavit because he was not having sufficient money for getting the same at that time. PW1 also told that the original ration card will be produced while it receives from the Taluk Supply Office. Because of the non availability of the cylinder, the complainant purchased an induction cooker by paying an amount of Rs.2,500/- and the bill for the same is marked as Ext.P15. PW2 is the autorickshaw driver, who accompanied the complainant for getting the extra cylinder. PW1 told to the PW2 to wait before the opposite party office for 1 hour on that day. While PW2 approached the opposite party office, PW2 also witnessed that two lady staff of the opposite party's office were harassing and misbehaving at the complainant. The cylinder was not issued from there and PW1 paid Rs.300/- to PW2 as auto charge.

As per the opposite party, they are issuing the DBC as per the Government norms and guidelines of the Indian Oil Corporation. So the opposite parties are only an agency of IOC. Ext.R4 is the circular from the website of IOC to all the distributors in Cochin sale area. As per the circular, duly notarised affidavit is required for the customers who does not possess the ration card and the customer is required to produce the ration card or affidavit for availing DBC. As per the circular issued from the IOC, dated 12^th October, 2010, it is instructed to the agencies to stamp ration cards while releasing the SBC connection / DBC connection for domestic LPG. Non-ration card holding LPG customers have to submit an affidavit to that effect. Ext.R3 is the copy of the same. Another circular issued by the Government, Ministry of Petroleum and Natural Gas dated 11^th October, 2010, the customer does not possess a ration card may be asked to submit an affidavit to that effect. The affidavit may further state that he/his family is not having an existing LPG / PNG customer. In such cases, customer verification would be done on the basis of eligible records as at present. Ext.R2 is the copy of the same. In another circular produced from the Ministry of Petroleum and Natural Gas dated 27^th September, 2010, it is written that the customer will be asked to produce his ration card which will be stamped by the LPG distributor as SBC/DBC LPG connection, depending on the type of connection released. In case a customer does not possess a ration card, he may be asked to submit an affidavit to that effect. The affidavit may further state that he is not an existing LPG / PNG customer. Copy of the same is

(cont......5)

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marked as Ext.R1. So the complainant never produced the original ration card, so the opposite party denied to issue the extra cylinder to the complainant and it is as per Exts. R1 to R3.

As per the complainant, the opposite parties are not issuing the gas connection properly and not following the strict guide lines of the IOC and the Government for the same. The 1^st and 2^nd opposite parties are harassing the customers while they approaches the opposite party office for availing the connection. So a complaint was given to the Member of Parliament by the complainant against the act of the opposite party. Ext.P8 is the copy of the same. A co-ordination committee was held with the customers of LPG connection at there, by the District Collector on 17.7.2010 and the complainant was also present at that time. It was to rectify and redress the complaints of the customers of the opposite party. Copy of the minutes of the meeting is marked as Ext.P13. The applicants of the LPG connection of the opposite party made a strike before the opposite party's office at Thodupuzha, in order to regularize and redress the complaints regarding the distribution of LPG connection and Ext.P9 is the copy of the Malayalam daily published the news regarding the same, dated 16.7.2010. Ext.P9(c) is the copy of another Malayalam daily dated 6.5.2011 stating the allegations in the weight difference in the refilled gas cylinder and also alleged that water has been filled in the refilled gas cylinder distributed by the gas agency at Thodupuzha. It is also stating that the gas agencies are receiving a hike amount while distributing the refilled cylinder in the road delivery. The learned counsel for the complainant argued that the opposite parties deliberately denied the issuance of the 2^nd cylinder to the complainant because he complained against the opposite parties before the District Collector and Member of Parliament.

As per the circular produced by the opposite parties, Exts. R1 to R3, it is mentioned in that Ext.R1 that the customer will be asked to produce his ration card which will be stamped by the LPG distributor as SBC/DBC LPG connection, depending on the type of connection released. If the customer does not possess a ration card he may be asked to submit an affidavit to that effect. The affidavit may further state that he is not an existing LPG /PNG customer. So it is very clear that while releasing DBC or SBC connection to the customer, the customer should produce the ration card or file affidavit to effect that he is not having any other LPG connection. Here the complainant is already having SBC connection and he got the 2^nd cylinder after one year of the same connection. And it was not a DBC connection availed by the complainant. So as per the Ext.R1 circular from the Government of India, it is informed that while releasing a DBC connection for domestic LPG, ration card will be stamped by the LPG distributor. Here it is a delivery of 2^nd cylinder and not a double bottle connection. In Ext.R2 also, it is written that ration card will be stamped by the LPG distributor as SBC or DBC connection depending on the type of the connection released. So here also the connection was availed one year back and

(cont....6)

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2^nd cylinder was applied by the complainant. Here the complainant duly produced all the relevant documents before the opposite party, the attested copy of the ration card also produced at the opposite party's office. The non-available document was the original ration card and the original ration card was produced at the Taluk Supply Office and that matter was also informed to the 1^st and 2^nd opposite parties. The 1^st and 2^nd opposite parties asked the complainant to produce a notarised affidavit to show that he is not having any other LPG connection. The complainant already produced a notarised affidavit stating that he is not having any other LPG connection and he was not ready to produce an affidavit again because he was not having enough money for the same. It is stated by PW1 that the 1^st and 2^nd opposite parties directed to produce affidavit stating that he is not having any other connection and that was already produced and so he has not ready to produce such an affidavit again. So we think that eventhough the complainant was not able to produce the original ration card and if it was given to the Taluk Supply Office or somewhere else, the opposite party, who is an agent of the Government, issuing subscribers' gas connection to the public, ought to have behave properly to the customers approaching there. Without making them understand about the availability of the documents, they had harassed and abused the complainant. PW2 who is the auto driver also witnessed the act of the 1^st and 2^nd opposite parties. So we think that it is a gross deficiency from the part of the 1^st and 2^nd opposite parties, even never issued the telephone number of the proprietor who is the 3^rd opposite party. Ext.P9(series) shows that certain allegations were also having against the agency and that matters are not at all challenged by the opposite party in anywhere.

As per the PW1, who made complaint against the opposite party to the Member of Parliament and to the District Collector, it may be the reason for the denial of the cylinder to the complainant. So it may be true that the opposite party acted in such a way to the complainant because he have made complaints to several authorities against the opposite party. The staff of the opposite party should mention about the details of the order of the Government or IOC to the customers and not to provoke or make harassment to them. If such an affidavit is needed that should also be intimated to the complainant promptly that it is for the non-production of the ration card. But here the 1^st and 2^nd opposite parties directed the complainant to produce an affidavit stating that he is not having any other connection. But it is already produced by the complainant. So being a poor person, he is not ready to produce the one and same affidavit from a notary public. In the minutes book of the committee held by the District Collector, which is Ext.P13, it is written that the person who is not having the ration card with their, are not able to get the benefit of LPG connection and that matter also discussed there. The complainant hired an autorickshaw and paid Rs.300/- to approach the opposite party's office and he also spent Rs.2,500/- as per Ext.P15 bill for the purchase of induction cooker. Ext.P10 is the copy of the ration card produced by the complainant which is of the neighbor of

(cont.....7) - 7 -

him, named P.T. Devassia, who is having two LPG cylinders, but the matter of the additional cylinder is not at all mentioned in the ration card. So the complainant submitted that the opposite parties are not usually stamping the issuance of the additional cylinder in the ration card. As per the complainant, the act of the opposite parties made mental agony and also financial loss to the complainant. So we fix Rs.2,000/- for the mental agony caused to the complainant due to the act of the opposite parties and he purchased an induction cooker because of the non-availability of the additional cylinder. And we fix Rs.1,000/- for the inconvenience caused to the complainant due to the non-availability of the additional cylinder and Rs.500/- as cost of this petition.

Hence the petition allowed. The 1^st, 2^nd and 3^rd opposite parties are directed to pay Rs.3,000/- to the complainant, as compensation against the deficiency in service of the opposite party and Rs.500/- as cost of this petition, within 30 days of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 26^th day of August, 2011

Sd/-
 

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-
 

SMT. BINDHU SOMAN (MEMBER)

APPENDIX

Deposition :

On the side of the Complainant :

PW1 - T.L. Baby

PW2 - Aby James

On the side of the Opposite Parties :

Nil.

(cont....8)

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Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the gas connection book in the name of the complainant.

Ext.P2 - Copy of the subscription voucher issued by the opposite party

dated 15.9.2009.

Ext.P3 - Copy of the subscription voucher issued by the opposite party

dated 29.12.2010.

Ext.P4 - Copy of the letter issued from the opposite party office.

Ext.P5 - Copy of the old ration card of the complainant.

Ext.P6 - Copy of the ration card in the name of the brother of the

complainant.

Ext.P7 - Copy of the bill issued by the opposite party with the cash memo

dated 15/09.

Ext.P8 - Copy of the complaint was given to the Member of Parliament by the complainant dated 14.8.2009.

Ext.P9(series) - Copy of paper cuttings of Malayalam daily containing the news

regarding the allegations against the opposite party.

Ext.P10 - Copy of the ration card in the name of P.T. Devasya,

Pathipurayidathil.

Ext.P11 - Copy of the gas book – pages for data regarding change.

Ext.P12 - Copy of the ration card in the name of Mathew Joseph,

Puthenpurackal House.

Ext.P13 - Copy of the minutes of the co-ordination committee held with

the customers of LPG connection, by the District Collector

on 17.7.2010.

Ext.P14(series) - Copies of the new ration cards of the complainant and his brother

and the copy of the certificate issued from the Block Development

Officer, Idukki.

Ext.P15 - Bill for the purchase of induction cooker, dated 19.3.2011.

On the side of the Opposite Parties :

Ext.R1 - Copy of the circular issued by the Ministry of Petroleum and

Natural Gas, dated 27.9.2010.

Ext.R2 - Copy of the circular issued by the Ministry of Petroleum and

Natural Gas, dated 11.0.2010.

Ext.R3 - Copy of the circular issued from the IOC, dated 12.10.2010.

Ext.R4 - Copy of the circular from the website of IOC to all the

distributors in Cochin sale area.