IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/98/2017.
Date of Filing: Date of Admission: Date of Disposal:
23.06.17 03.07.17 11.04.19
Complainant: Harish Chandra Ray,
Qrs No. A-23/II PO-Farakka Barrage,
Dist-Murshidabad,
Pin-742212
-Vs-
Opposite Party: The FSTPP Employees Consumer Co-operative Society Ltd,
The Distributor of IOCL, under IOCL Marketing Division,
WB State Office, Kol-68,
PO-Nabarun, PS- Farakka,
Dist-Murshidabad,
Pin-742236
Agent/Advocate for the Complainant : In person.
Agent/Advocate for the Opposite Party : Sri.Pranab Kr. Das.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Harish Chandra Ray (here in after referred to as the Complainant) filed the case against The FSTPP Employees Consumer Co-operative Society Ltd, The Distributor of IOCL (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant took the LPG connection for his residence from the OP as there was no nearby agency to give gas connection at the residence of the Complainant, so he was compel to get registered as customer with the OP on verbal assurance of usual home delivery of cylinders at his residence but since at the very beginning in early eighties as the above assurance being denied, but the complainant keep mum expecting home delivery in future and started to take delivery of the same by self-arrangement through local porters on extra payment basis at a very normal rate. But afterwards in spite of several requests both verbal and written, the alleged OP distributor remain silent, so taking the advantage the said porters started increasing the rate step by step and at present the same has been demanded at Rs.50,/- per cylinder which the Complainant has to incurred unnecessarily against the issued cash memo in this respect, which reveals that the filled refilled are delivered on home delivery basis and charges in this regard has been paid by the customers. By adopting this unfair trade practice, the distributor earns lack of rupees unlawfully and there by cheating the CCS pensioners mostly the senior citizen like the Complainant which is a punishable offence as per Consumer Protection Act, 1986. The Complainant stated the fact by filing several complaints to the concern authority but without having any effect and finally he compelled to complaint before the Hon’ble MIC, Consumer Affairs Department, Govt. of West Bengal on 16.02.16 seeking his kind interventions in this matter and praying for taking necessary action, so that justice is to be done to the Complainant and the corruption is to brought in the light for the interest of general public. On the kind interventions and direction of the Hon’ble MIC, Consumer Affairs Department, Govt. of West Bengal the complaint was forwarded to the Assistant Director, Central Consumer Grievance Cell, Consumer Affairs Department, Govt. of West Bengal on 06.04.16 and the same has been forwarded to the Assistant Director of Consumer Affairs and Fair Business Practice, Murshidabad, Regional Office for consideration and appropriate action. The Assistant Director, Consumer Affairs and Fair Business Practice, Murshidabad settled the dispute amicably through the process of mediation and the OP agreed to deliver the refilled cylinder to the house of the Complainant but the OP failed to supply the refilled cylinder at the home address of the Complainant. But till date the O.P has not obeyed the agreement signed between the parties regarding the home delivery of refilled cylinder at the residential address of the complainant.
Finding no other alternatives the Complainant filed the instant case for appropriate relief before this Forum.
After service of the notice the OP filed written version on 05.12.17, contending inter alia that the instant case is not maintainable as prior to give the LPG connection the OP informed all the consumers who are not employees that the connection will be given as per cash and carry basis (non-home delivery) and after fully aware, the Complainant took the gas connection from the OP and the Complainant admitted that he was taking delivery of the refilled cylinder as self-arrangement since long. So, there is no deficiency in service on the part of the OP and no unfair trade practice has been adopted by the OP and as such the case is liable to be dismissed.
On the basis of the above version the following points are framed for proper adjudication of the case:
Points for consideration
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OPs any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Point Nos. 1,2 & 3
All the points taken up together for consideration for the sake of convenience and brevity.
Admittedly, the Complainant took the gas connection from the OP distributor. Here lies the relationship of consumer and service provider between the parties. It is also admitted that as per rule of IOCL the LPG in general delivers the refilled cylinder at the registered address of the customers in their area of operations and take back the empty cylinders. But in this case that has not been done and the filled cylinders are delivered on cash and carry basis (non-home delivery).
The OP in the written version stated that the OP is the Employees Co-operative society and the OP took the distributorship of IOCL for supply of cooking gas to their employees. The OP gave some connections to other than employees like the Complainant on the condition that the Cylinders would be delivered on cash and carry basis. Accordingly the Complainant started to take delivery of the same by self arrangement through local delivery man. The OP deducts the delivery charges from the actual cost in every cylinder. As per the information provided under Right To Information Act by the CPIO & General Manager (HR) (Annex. 1)that all regular LPG Distributors including project distributorships of IOCL are required to supply refill on home delivery basis to all registered customers residing in their respective operating areas advised by Oil Marketing Companies , for which the customer has to pay the Retail Selling Price(RSP)of LPG refills in that market which is inclusive of delivery charges .Only under exceptional conditions ,filled cylinders deliveries on cash-and carry basis(Non home delivery)from regular LPG distributors are permitted ,wherein the delivery charges (currently) of Rs 18.00 per 14.2 kg cylinder will not be charged.,
The OP could not show that the Complainant has fallen under the exceptional categories and no document has been filed in support that the delivery charge has been deducted , moreover there was no agreement between the parties that the complainant will take the refilled LPG cylinder on cash and carry basis (Non home delivery). Rather the complainant has filed documents that he made complaints to the OP several times for delivery of the refilled cylinder at his residential address but nothing has been done and the complainant made complaint to the IOCL authority concern also but no result took place. It is asserted by the complainant that he filed the complaint before the Hon’ble MIC, Consumer Affairs Department, Govt. of West Bengal on 16.02.16 seeking his kind intervention in the matter praying for taking necessary action.
Considering the facts and circumstances of the case and the documents filed by the parties and argument advanced by the Complainant, we are of the opinion that the O.P has adopted unfair trade practice by not supplying the refilled cylinder to the residence of the complainant and there is deficiency in service on the part of the OP by not obeying the guide line of the Indian Oil Corporation Ltd. We find from the Annex.2 that the O.P. supplied 24 cylinders without refunding delivery charges@ Rs.18/- per cylinder. The complainant has asserted that he used to pay Rs. 50/- per cylinder as delivery charge to the delivery man but no document has been provided to establish the fact. Therefore we hold that the complainant is entitled to get back delivery charge @Rs. 18/- per cylinder amounting Rs.432/- We also think that the complainant is also entitled to get Rs.2000/ as compensation for deficiency in service and Rs.2000/- as litigation cost. The O.P. may be directed to pay Rs. 20,000/- for unfair trade practice which shall be deposited in the Consumer Legal Aid Account. The points are thus disposed of accordingly.
Reasons for delay
The Case was filed on 23.06.17 and admitted on 03.07.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint case No. CC/98/2017 is hereby allowed on contest against the OP with cost of Rs.2,000/-..
The OP is directed to supply refilled gas cylinder to the address of the Complainant . The OP is further directed to pay a compensation of Rs.2,000/- for mental pain and agony and a litigation cost of Rs.2,000/- to the Complainant . The O.P is also directed to pay Rs.20,000/- to the Consumer Legal Aid Account for unfair trade practice.
The O.P. is directed to comply the order within 45 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
