DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No.72/2008. Date of filing of the Case:30.09.2008 Complainant | Opposite Parties | Smt. Usha Rani Deb W/O late Jitendra Nath Deb, North Krishna Palli, Bank Colony, P.O. Malda Dist. Malda, Pin – 732 101 | 1 | Indian Oil Corp. Ltd.( Indane Area Office), Marketing Division, Malhotra Towers (5th Floor), Hill Cart Road, P.O. Pradhannagar, Siliguri- 734403 Dt. Darjeeling represented by Asstt. Manager ( L.P.G.) & address same as above. | 2. | Asstt. Manager (L.P.G.) Indian Oil Corp. Ltd. (Marketing Division), Malhotra Towers(5th Floor), Hill Cart Road, P.O. Pradhannagar, Siliguri , Dt. Darjeeling, Pin – 734 403. | 3. | The Proprietor M/s Indane Maa Gas Agency, 1 No. Govt. Colony, P.O. & Dist. Malda, Pin – 732 101. |
Present | 1. | Shri Sibsankar Pal, President | 2 | Smt. Sumana Das, Member | | 3. | Dr. Soumen Sikder, Member |
For the Petitioner : Monilal Ghosh, ( Authorized Agent) For the O.P.s Md. Ziullah, Advocate Order No. 06 Dt.03.02.2009 The facts leading to dispute in brief are that the Indane Gas Connection No. 7675 previously stood in the name of Jitendra Nath Deb the husband of the petitioner Usha Rani Deb. Petitioner’s son-in-law viz. Monilal Ghosh had been to the shop of M/s. Indane Maa Gas Agency ( O.P. No.3) on 02.06.2008 for booking purpose and the same was supplied on 18.06.2008. Again subsequently on 26.08.2008 the said Monilal Ghosh had been to the shop of O.P. No.3 for booking when the engaged boy refused to book the Contd…..P/2 P-2 same. Mr. Ghosh approached Manager of the shop who, however, gave evasive reply instead of booking and failed to assign any reason for the purpose of the same being not booked. Mr. Ghosh sent a letter to O.P. No.3 requesting him to reply for non-booking of the same but the O.P. did not respond. Finding no other alternative way the petitioner knocked before the door of the Forum with a prayer for directing the O.P. for regular service of gas cylinder and also for making payment of compensation for Rs. 20,000/- for harassment and pains caused to the petitioner. The O.P. ,however, has been contesting the dispute by filing written version wherein all the materials allegations have been denied. It is the case of the O.P. that the Consumer Connection No. 7675 stood in the name of Mr. Jitendra Nath Ghosh who is reported to be dead which was known by them from the delivery boy on 18.06.2008. On 26.08.2008 Mr. Monilal Ghosh, however, approached them for booking when he was informed about all the formalities to be followed which was displayed in the notice-board. Mr. Ghosh without complying with the formalities rather made a chaos. Mr. Ghosh was also requested to submit the required papers viz. photocopy of death certificate of Mr. Jitendra Nath Deb in whose name the gas connection stood, legal heir certificate, no objection of other legal heirs if any. But Mr. Ghosh did not submit those documents. With the above the O.P. has prayed for dismissal of the complaint. The only point which is posed for consideration is whether the petitioner is entitled to get any relief as prayed for or not. : DECISION WITH REASONS: Admittedly the gas connection being No. 7675 stood in the name of Jitendra Nath Deb. It is also admitted position that Jitendra Nath Deb died on 05.03.2008 which will be revealed from the death certificate. Needless to mention that the factum date of death of Jitendra Nath Deb has not been disclosed in the petition of complaint. It is also an admitted position that Jitendra Nath Deb died leaving behind more than one legal heir. The petitioner Usha Rani Deb happens to be the mother-in-law of Monilal Ghosh who approached the O.P. No.3 for the purpose of booking gas. According to policy guideline of L.P.G. Marketing ( Indane), a new connection in the name of next kin ( husband, wife, son, daughter) would be given after terminating the connection, which was already issued in the name of the deceased. The registration can also be transferred to the legal heirs of registrees. Here in the instant case the petitioner did not submit any document whatsoever before O.P. No.3 in order to show as to who became the legal heirs of the deceased in whose name the impugned gas connection stood. It is true that one time due to ignorance, the O.P. No.3 supplied cylinder to the petitioner even after death of the deceased. But in this connection we should not be oblivious of the position that the petitioner cannot take advantage of any ignorance if there be any , made on the part of O.P. No.3 for all occasions to come. The Contd….P/3 P-3 petitioner, therefore, in our view in order to regularize the matter shall have to furnish the required document like certificate of legal heirs after the death of deceased, no-objection certificate if any etc. under the policy guideline and if after compliance with all the formalities the O.P. did not supply the gas connection then the cause of action will arise in favour of the petitioner. At this stage we are of the view that the petitioner has got no locus-standi to come before this Forum with the prayer made in the petition and as a result Malda D.F. Case No. 72/2008 is liable to be dismissed in limine. Hence, ordered that Malda D.F. Case No. 72/2008 be and the same is hereby dismissed without any order as to cost. Sd/- Sd/- Sd/- Dr. Soumen Sikder Smt. Sumana Das Sri Sibsankiar Pal Member Member President D.C.D.R.F., Malda. D.C.D.R.F., Malda. D.C.D.R.F., Malda
......................Dr. Soumen Sikder
......................Shri Sibsankar Pal
......................Smt. Sumana Das | |
