BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of April, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.126/2008

Between

Complainant : Issac P.C, S/o Chacko, Capt.(Rtd),

Poythottathil House,

Machiplavu P.O,

Adimali - 685 561,

Idukki District.

(By Adv:Shiji Joseph)

And

Opposite Parties : 1. G.Vaikundan,

M/s.Gee Vee Gas Agencies,

Munnar P.O,

Idukki District - 685 612. (The Licensee, Indane Gas(LPG),

Indian Oil corporation Limited)

(By Adv: C.K.Babu)

2. T.K.Roy,

Branch Manager,

M/s.Gee Vee Gas Agencies,

Branch Office at Gas Padi,

Machiplavu P.O,

Adimali - 685 561.

(By Adv: C.K.Babu)

3. The Managing Director,

M/s.Indian Oil Corporation,

Corporate Office, 3079/3,

JB Tito Marg, Sadiq Nagar,

New Delhi.

(By Adv: T.J.Augustine)

O R D E R

SMT.BINDU SOMAN(MEMBER)

This complaint is filed against the deficiency in service of L.P.G dealers.

Complainant is a consumer of LPG. Opposite parties 1 and 2 are the dealers of Indian Oil Corporation. Complainant resides at Machiplavu Kara in Adimali. Complainant alleged deficiency of service of opposite party in supply of gas. Complainant had booked a refill cylinder with the Ist opposite party over telephone on 11.06.2008, it is after 33 days of the immediate prior refilling. When complainant's gas was exhausted, he approached the 2^nd opposite party at Adimali for a refilled cylinder. 2^nd opposite party had rejected his demand and said that there was Government Order that refill shall be given only after 40 days of the immediate prior refill delivery. Complainant enquired about 2^nd opposite party's statement through Taluk Supply Officer over telephone. On enquiry, complainant understood that there is no such Government order. Again he approached to 2^nd opposite party and asked to show the relevant order, at that time 2^nd opposite party abused the complainant in front of public. 2^nd opposite party also said that his cylinder would be refilled only after 40 days. Complainant sought the help of Taluk Supply Officer but no result. He had obtained his cylinder only after 40 days. The act of opposite parties are caused severe mental pain and financial loss to the complainant.

2. The opposite parties filed written versions. Opposite parties 1 and 2 filed same written version. 3^rd opposite party filed separate written version. Complainant have no prayer against the 3^rd opposite party and no deficiency in service is attributed against the 3^rd opposite party. As per the written version of opposite parties 1 and 2, Complainant had not booked any refill cylinder as alleged in the complaint. Opposite parties are unaware of the interference of Taluk Supply Officer. According to them complainant demanded the refill cylinder on 17.06.2008 and the very same day itself it was given. In the written version of opposite parties 1 and 2, it is stated that Indian Oil Corporation had limited the supply of gas cylinder and given instruction to reduce the consumption. The opposite parties have received only 3691 numbers of cylinders for the month of June 2008. They have 9210 customers altogether, so they have the capacity to refill a gas cylinder only after 40 days of immediate prior refilling. The alleged misbehaviour of 2^nd opposite party are the concocted story made for the purpose of this complaint.

3. The point for consideration is whether there as any deficiency in service on the part of the opposite parties 1 and 2, and if so, for what relief the complainant is entitled to ?

4. Complainant was examined as PW1 and Exts.P1 to P3 marked. 2^nd opposite party was examined as DW1 and Exts.R1 and R3 marked. Ext.R1 is marked while cross examined the complainant. 3^rd opposite party is examined as DW2. One witness on the side of complainant was examined as PW2.

5. The POINT:- Complainant is a consumer of opposite parties for his LPG connection, have no dispute. Ext.P1 is the pass book issued by the 2^nd opposite party. PW1 is an advocate have no chance to disbelieve his deposition. PW1 stated that "the black marketing" of gas cylinder is a very usual practice in Adimali, and the opposite party takes no necessary action against that. DW1's deposition do not proved the scarcity of gas cylinder, not produced any Government Order for the same. While on cross examination of DW1 it is stated there is no binding rules fixing the time limit for the distribution of refilling the cylinder. DW2 stated that normally a customer should approach for refilling cylinder in a span of 30 days. DW2 is the wholesaler of LPG. PW2 is the witness of complainant proved about the dispute between the complainant and the 2^nd opposite party. Complainant, as per Right to Information Act, enquired about the distribution of refilling of gas is marked as Ext.P2. Ext.P2 never revealed any shortage of gas supply and also it is stated that no rule of IOC regarding distribution of refilling of gas cylinder. In normal circumstance the demand of a genuine customer fully meets within 48 working hours of booking. Ext.R1 is the customer delivery card. Ext.R2 is an inspection record. Ext.R3 is the daily stock register of 2^nd opposite party. No evidence produced to show the time limit, fixed for the supply of a refilled cylinder is 40 days.

Hence the petition allowed. The opposite party is directed to supply refill cylinder at reasonable time not more than 30 days unless there is an order from Government or Indian Oil Corporation and avoid any inconvenience to the complainant regarding the supply of gas cylinders. Opposite parties 1 and 2 are also directed to pay Rs.2,000/- for the inconvenience caused to the complainant because of non-delivery of gas cylinder and Rs.1,500/- as costs of this petition within one month 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 30th day of April, 2009

Sd/-

SMT.BINDU SOMAN(MEMBER)

Sd/-

I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

I agree SMT.SHEELA JACOB(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - P.C.Issac

PW2 - Kuriachan John

On the side of Opposite Parties :

DW1 - T.K.Roy

DW2 - T.Ezhilarsan

Exhibits:

On the side of Complainant:

Ext.P1 - Photocopy of Pass Book issued by the Ist opposite party

Ext.P2 - Reply letter No.KeSO/LPG/272(A)(3)/113 dated 7.11.2008 of 3rd

opposite party under the Right to Information Act

Ext.P3 - Photocopy of Pass Book of Mathai, Ambattukudiyil House, Adimali

On the side of Opposite Parties :

Ext.R1 - True copy of customer History Card

Ext.R2(series) - True copy of letter No.CAO/118 dated 17.10.2005, 8.02.2006 and 7.03.2006 issued by the 3rd opposite party to the 2nd opposite party

Ext.R3(series) - True copy of Daily Stock Register of LPG Cylinders