Delhi

East Delhi

CC/840/2015

SUPREETA PALIT - Complainant(s)

Versus

INDERPRASTH GAS - Opp.Party(s)

24 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 840/15

 

Smt. Supreeta Patil

W/o Sharanagouda Patil

R/o B-12/147, Pharma Apartments

I.P. Extension, New Delhi – 110 092                                        ….Complainant

 

Vs.

 

The Managing Director

Indraprastha Gas Limited

IGL Bhavan, Plot No. 4

Community Centre, R.K. Puram

Sector-9, New Delhi – 110 022                                                      ….Opponent

 

Date of Institution: 31.10.2015

Judgment Reserved on: 24.01.2018

Judgment Passed on: 29.01.2018

CORUM:

Sh. Sukhdev Singh (President)

Ms. Harpreet Kaur Charya (Member)

Dr. P.N. Tiwari (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            The present complaint has been filed by Smt. Supreeta Patil against the Managing Director, Indraprastha Gas Limited (OP) alleging deficiency in services.    

2.         Briefly stated the facts of the complaint are that as per the request of the complainant, gas connection was provided by Indraprastha Gas Limited (OP) in the month of March, 2012, at the residence of the complainant vide Business partner no. 1000072101 and bill was generated in the name of Shri Subhash Chandra Batra.  The mode of payment of the bills to OP was through the direct bank to OP/Gas company.  The bill amount used to be debited on specific date from the bank account of the complainant from A/c. No. 02030120006565 with Kotak Mahindra Bank and there was on time payment regularly.

            The complainant made several calls to OP on the customer care number for providing with the proper bill instead of estimated bill and rectify the fast moving meter, but no steps were taken by OP.  In three years of time, the representative of OP visited 2 or 3 times only to record meter reading of the gas connection and assured the complainant that the meter was running properly.

            On 20.09.2015, the complainant came to know from the mail from her bank that the bill for the month of August’ 2015 for payment of IGL at Business partner no. 1000072101 was Rs. 40,532.31/-.  She immediately contacted OP on their office number, it was replied that they need to call on working days.  Next day on 21.09.2015, the complainant again called the customer service and was informed that as there was no mistake in the bill, thus, they could not register any complaint.

            It was also stated that some of the dates on bill were for the dates showed pertaining to the period when their premises was locked which shows lack of service on the part of OP.

            Legal notice dated 30.09.2015 was also sent by the complainant which was not replied.  Thus, the complainant has filed his complaint praying for directions to OP to rectify the error and set aside the bill dated 10.09.2015 amounting to Rs. 41,342.96/-; Rs. 1,00,000/- towards compensation on account physical strain and mental agony and Rs. 5,000/- as litigation cost. 

            The complainant has annexed copy of the rent agreement dated 25.03.2-15 (Annex. A), copy of the bill dated 10.09.2015 issued by Indraprastha Gas Limited (Annex. B), and copy of legal notice dated 30.09.2015 (Annex. C) alongwith complaint. 

3.           OP filed their reply upon service of notice, wherein they took several pleas in their defence such as; the complainant was not the consumer of OP and the disputed bill was never sent to the complainant; the bill of                Rs. 40,532.31/- was sent to Mr. Subhash Chander Batra, who was the consumer of OP.  Other facts have also been denied.   

            OP have annexed copy of terms and conditions (Annex. R-1) alongwith written statement. 

4.         In her rejoinder to the WS filed by OP, the complainant has denied the contents of the WS and reiterated the averments made in the complaint.  It was submitted that the complainant being a tenant/lessee in the house owned by Shri Subhash Chander Batra was using the amenities as per clause of rent agreement, thus was competent to file the present complaint. 

5.         In support of its complaint, the complainant have examined herself, who has deposed on affidavit. She has narrated the facts, which have been stated in the complaint.  

            OP examined Shri Budhev Singh, Chief General manager (Marketing), who has reproduced their submissions in their WS and has got exhibited copy of terms and conditions (Ex.OPW-1/1) and affidavit (Ex.OPW-1/2).

6.         We have heard the arguments on behalf of the Ld. Counsels for the parties and have perused the material placed on record.  It has been stated by the complainant that OP has issued inflated bill of Rs. 40,532.31.  If we look at the disputed bill dated 01.10.2015, it is seen that the said bill was for a period from 01.04.2012 to 22.07.2015, thus, the bill was for a period of almost         39 months, which clearly bears the amount of payment made by the complainant and it was only after adjustment of Rs. 11,274.46 the amount of                     Rs. 40,532.31 is reflected.  The complainant has alleged that OP always issued estimated bill despite her request to issue bill as per actual usage, but has placed nothing on record to support her allegation.  But at the same time, it is unfair on the part of OP to raise demand of Rs. 40,532.44 after a span of 39 months, even they have not placed anything on record to support their statement that in case the premises was found locked, the representative of OP had pasted a sticker on the premises with the details of the person to be contacted to take meter reading.  It is unfair on the part of OP to burden the complainant with payment of Rs. 40,532.44 in one go.  In the present facts and circumstances, we find no infirmity in the bill dated 01.10.2015.  However, from the reason discussed above, we grant liberty to the complainant to pay Rs. 40,532.44/- in six equal interest free installments.    

            Copy of the order be supplied to both the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

           

            (SUKHDEV SINGH)

             President