Chandigarh

DF-I

CC/208/2023

PARAMJIT KAUR - Complainant(s)

Versus

INDIAN OIL ADANI GAS PVT LTD - Opp.Party(s)

08 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/208/2023
Date of Institution	:	19.4.2023
Date of Decision	:	8/01/2024

 

Paramjit Kaur W/o late Sh. Manmohan Singh r/o House No.1736, Sector 34D, Chandigarh.

… Complainant(s)

V E R S U S

Indian Oil-Adani Gas Pvt. Ltd. Corporate office at 1^st floor, Tower-B, Windsor IT Park, A-1, Sector 125, Noida-201303 Through its authorized person.        

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. M.S. Saini, Advocate for complainant
	:	Sh. Parul Mittal, Advocate for OPs

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under:-

1. It transpires from the averments as projected in the consumer complaint that the complainant had taken  a gas pipeline connection from OP under customer ID2000021889 and it was assured by the OP that free fitting of  pipeline will be provided and assured of no extra charges beyond the usage of gas. However the complainant had observed that there was over charging by the OP  and on finding that it is not beneficial for her, she had requested the OP to disconnect the gas pipeline connection  on which  the OP had demanded an amount of Rs.1400/- for permanent disconnection. The aforesaid demand made by the OP is illegal as the OP has been asking the complainant to pay the aforesaid amount without any disconnection. Even  the OP had not informed the complainant that in case of disconnection extra charges will  be charged from the complainant.  The complainant wanted permanent disconnection of the said pipeline be made  but the OP had temporarily disconnected the pipeline and charged an amount  of Rs.295/- from the complainant vide receipt Annexure C-1. After disconnecting the gas pipeline, the OP company is still demanding illegal charges  in the name of permanent disconnection of gas pipe. Thereafter the complainant sent legal notice Annexure C-2 to the complainant. However, the OP has replied the said legal notice vide Annexure C-3 alongwith agreement which itself shows the malpractice on the part of OP It is further alleged that even as per clause 8 of the agreement no charges can be levied in case of permanent disconnection. As the complainant has nothing to pay to the OP against any due bill,  the OP is wrongly asking the complainant to pay permanent disconnection charges and the aforesaid act  of OP amounts to deficiency in service and unfair trade practice on its part.   OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP resisted the consumer complaint and filed its written version, inter alia, taking preliminary objections of maintainability, concealment of facts and on merits admitted that the gas pipline connection was taken by the complainant However, the connection in question is with customer ID 2000021888 and not ID 2000021889 as mentioned in the complaint. It is denied that there is no reference of  disconnection charges in the terms and conditions duly signed by the complainant rather the complainant has concealed material facts and has filed the present false and frivolous complaint. The temporary disconnection charges were charged as per the terms and conditions of the agreement  and the legal notice sent by the complainant was properly replied by the answering OP. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. In replication, complainant reiterated  the claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully, including the written arguments of OP.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant had  taken gas pipeline connection from the OP with ID2000021888 (hereinafter to be referred as subject gas connection) and after sometime the complainant had requested the OP for the disconnection of the subject gas connection  and the OP had  temporarily disconnected the said connection on receiving an amount  of Rs.295/- and has further asked the complainant to pay the permanent disconnection charges  before the permanent disconnection, the case is reduced to a narrow compass as it is to be determined if  the OP had made the aforesaid demand illegally and  charged Rs.295/- as temporarily disconnection charges wrongly and  the complainant is entitled for relief as prayed for, as is the case of the complainant or if the complaint being false and frivolous is liable to be dismissed as is the defence of the OP.
   2. In the back drop of the foregoing admitted and disputed facts on record, one this is clear that the entire case of the parties is revolving around R-1/1  the terms and conditions for the supply of Piped Natural Gas (PNG) to domestic customers executed between the parties and R-1/2 copy of tariff card and in order to determine the real controversy between the parties, the same  are required to be scanned carefully.
   3. As per the case of the complainant there is no reference in the terms and conditions of the agreement executed between the parties about the permanent disconnection charges. However, perusal of copy of application accompanies with agreement Annexure C-4 clearly indicates that as per clause 8.2 of the agreement there is special reference of disconnection charges which buyer has to pay  at the time of permanent disconnection. The  relevant extract of the  aforesaid clause is reproduced as under:-

“8. Termination/Permanent Disconnection

8.1 xx x  xx x  x
8.2   Buyer may request for termination of agreement / permanent disconnection of PNG supply, by giving 15 days’ notice in writing to the Seller. In the event of termination of the agreement, without prejudice to the other rights of the Seller, (i) the Seller shall remove all pipelines, installations and equipment installed by the Seller for the supply of PNG. (ii) The Buyer shall be liable to pay to the Seller all amounts due and payable by the Buyer to the Seller up to the date of termination of the agreement. After all dues are cleared and the meter and allied equipment have been removed in proper and undamaged working condition, the security deposit shall be refunded to the Buyer after deducting the installation removal charges as mentioned in the Tariff Card prevailing at the time of permanent disconnection. In case any equipment is found to be in damaged / non-working condition at the time of permanent disconnection, charges for the same shall be payable by the Buyer.”

 

4. It has been mentioned in the clause 8.2 that the installment and removal charges mentioned in the tariff card prevailing at the time of permanent disconnection are payable. Copy of tariff card R-1/2 further clearly shows that in case of temporary disconnection on the request of the customer  an amount of Rs.250/- is payable  and in case of full installation removal charges in the event of termination an amount of Rs.1000/- exclusive of VAT or service tax are payable by the buyer. Thus, it is clear from the aforesaid clause  that the allegations made by the complainant that OP is illegally charging  disconnection charges which has even no mention in the agreement are  false and frivolous  and have no merit. Hence,  it can be safely held that the  complainant is liable to pay the disconnection charges as per agreement annexed with the application Annexure C-4 duly signed by the complainant as per tariff card Annexure R-1/2. Not only this, even it is clear from tariff card Annexure R-1/2 that the OP had legally charged temporary disconnection charges of Rs.295/- i.e. Rs.250/- plus VAT . Even the  complainant is also liable to pay the permanent disconnection charges of Rs.1,000/- as per agreement before the permanent disconnection  by the OP.   Thus there is no deficiency of service on the part of the OP to this extent  as it has right to charge the disconnection charges as per agreement executed between the parties. However, the OP is liable to disconnect the subject connection permanently subject to the payment of disconnection charges by complainant as per clause 8.2 of the agreement Annexure R-1/1 and tariff card Annexure R-1/2. Further after all dues are cleared and the meter and allied equipment are removed in proper and undamaged working condition, the security deposit shall be refunded to the complainant by the OP after deducting the installation removal charges as mentioned in the Tariff Card prevailing at the time of permanent disconnection. In case any equipment is found to be in damaged / non-working condition at the time of permanent disconnection, charges for the same shall be payable by the complainant.

4. In the light of the above, the present consumer complaint disposed of in  the following terms:-  

1. OP shall disconnect the subject connection    permanently subject to the payment of       disconnection charges by complainant as        per clause 8.2 of the agreement Annexure R-1/1 and tariff card Annexure R-1/2.
2. After all dues are cleared and the meter and allied equipment are removed in proper and undamaged working condition, the security deposit shall be refunded to the complainant by the OP after deducting the installation removal charges as mentioned in the Tariff Card prevailing at the time of permanent disconnection.
3. Keeping in view the peculiar circumstances of the case the parties are left to bear their own costs.

5. Pending miscellaneous application(s), if any, also stands disposed off.
6. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 8/01/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member