Chandigarh

DF-II

CC/799/2022

Dr. T.C Goyal - Complainant(s)

Versus

Indianoil-Adani Gas Pvt.Ltd. - Opp.Party(s)

In Person

25 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	799/2022
Date of Institution	:	02.12.2022
Date of Decision	:	25.01.2024

 

                     

            

 

Dr.T.C.Goyal, # 818, Sector 38-A, Chandigarh.

                 ...  Complainant.

Versus

Indian Oil-Adani Gas Pvt. Ltd., 1^st Floor, Graphene Building, Plot No.16, IT Park, Sector 22, Panchkula, Haryana-134109.

 

Corporate Office:- 1^st Floor, Tower-B, Windor IT Park A-1, Sector 125, Noida-201303 (UP).

…. Opposite Party.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Complainant in person. Ms.Priya Pandey, Adv. Proxy for Sh.Ashish Kapoor, Counsel for the OP.

   

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.                 The complainant has filed the present complaint stating it to be a Public Interest Ligation. The complainant has stated that he is a subscriber of 4 gas connections of the OP in his premises i.e. # 818, Sector 38-A, Chandigarh.  The allegations of the complainant are that the OP had issued the bill to him without visiting his premises and taking into account the actual consumption consumed by him. The complainant has further alleged that the OP has arbitrarily issued the bill without taking into account the actual consumption and units consumed by him. He has further stated that the OP has illegally imposed late payment charges.  It has further been averred that the Gas and Vat credit charges of previous invoice (Annexure C-1) were deducted but UTGST and CGST of Rs.28.35/-have not been credited.  Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint with a request to look into the following points:-

i).     Invoice (Annexure C-I) was sent on average basis even when there was no data available to calculate the average. The so called average was kept to be quite high so that the bill amount is more than Rs.2,000/- and late payment charges can be Rs.250/-

ii)     If the invoice at Annexure C-2 was correctly prepared, UTGST and CGST should have been at Rs.815 as the amount of the bill was actually Rs.815 and not Rs.3,811/-.

iii)    In Annexure C-4 minimum charges have been mentioned as Rs.75/-, why then minimum charges are 196.88 and Rs.167.34 in Annexures C-2 and C-3 respectively.

iv)     Why the late payment charges are as high as 12.5% for a billing cycle of about 2 months.

v)      Why do they charge for late payment when the invoice amount has not properly been calculated?

2.     After service of notice, the OP appeared before this Commission and filed its written version taking numerous preliminary objections inter alia that the Public Interest Litigation can be filed only before the Hon'ble Supreme Court under Article 32 of the Constitution of India or before the Hon'ble High Court under Article 226 of the Constitution of India and as such the present complaint filed as a PIL under the Consumer Protection Act is not maintainable; that this Commission has no jurisdiction to entertain and adjudicate upon the dispute because it is not a consumer dispute and does not fall within the ambit of the provisions of the Consumer Protection Act, 1986. It has further been stated that Invoice No.R202127083814 was generated as per Clause No.4.8 of the terms and condition for supply of PNG to Domestic customers and the average consumption pattern of Chandigarh City is 0.52 SCM and they kept the assumption as 0.5 SCM and generated estimated invoice and the late payment were applied as per "Domestic connection tariff Card" which is Rs 250/- (Annexure OP-1).  The calculation of the minimum charges is as under:-

Calculation of minimum charges are as under:-

 

If customer Gas not us in a month, then Minimum charges to be charged per month Rs		75/-
We are calculating on pro rata basis so (12 month*75) that Rs is		900/-
Per day Minimum Charges is (900/365)		2.47
No of Days of Billed 23.10.2022 to 30.04.2022.		190
Total Minimum charges to be charged (2.47 * 190)		468.49
Now Customer is used gas of Rs. 271.61 in this period		271.61
That's why Minimum Charges is charged to customer of Rs (468.49-271.61)		196.88

 

          In the present case,  the period was more than four months, therefore, the LPC is Rs.250/-. It has further been stated that the bill has to be calculated as per estimate consumption and the corresponding taxes and levies are calculated as per estimated consumption invoice. The difference from estimate to actual is adjusted in future bill. It has further been stated that the actual readings once recorded are displayed in invoice No.R202227012092 with adjustments on previous bill difference amount. For previous invoice, the estimate bill itself means that the closing reading was not recorded due to house lock.  It has further been submitted the UTGST and CGST have been applied on rental and form charges and has no relation with Gas Charges which comes under VAT. It has further been stated that the rental charges for the period 23.10.2021 to 28.02.2022 is Rs.215/-, Form charges are fixed and are one time charge as per selected scheme by customer, which is Rs 100/-. It has further been stated the PNG does not come under the GST and state VAT is applied over gas charge which is 5% for Chandigarh (UT) and the UTGST and CGST is applied to all charges like rental, form charge, minimum charges and is non-refundable in case of reversal of gas charge. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OP prayed for dismissal of the complaint.

3.     The parties filed their respective affidavits and documents in support of their case.
4.     We have heard the complainant in person, Counsel for the OP and have gone through the documents on record including written submissions.
5.     The complainant has alleged that the OP has not generated the estimate invoice as per the law/rules. However, the OP has filed the calculations of the minimum charges which is reproduced as under:-

Calculation of minimum charges are as under:-

 

If customer Gas not us in a month, then Minimum charges to be charged per month Rs		75/-
We are calculating on pro rata basis so (12 month*75) that Rs is		900/-
Per day Minimum Charges is (900/365)		2.47
No of Days of Billed 23.10.2022 to 30.04.2022.		190
Total Minimum charges to be charged (2.47 * 190)		468.49
Now Customer is used gas of Rs. 271.61 in this period		271.61
That's why Minimum Charges is charged to customer of Rs (468.49-271.61)		196.88

 

         From the above reproduction, it is observed that the OP had levied the minimum charges in the bill issued to the complainant as per the terms and conditions of the company policy.

6.     The complainant has further stated that the UTGST and CGST have been arbitrarily applied in the bill by the OP. The OP has made it clear that the UTGST and CGST has been applied in the bill on rental and form charges and the same has no relation with Gas Charges, which comes under the VAT.  The OP has also provided the calculations for the rental charges, which is also reproduced as under:-

Calculation for Rental:-

Rs.50 per month or approx. Rs.1.667 per day.

Rental for 129 days= 129 x 1.667= Rs.215/-

Calculation of UTGST and CGST is applicable on rental and form charges:-

Hence, UTGST= 9% of 315 (215 + 100)  i.e. Rs 28.35 CGST= 9%  of 315(215 + 100) i.e. Rs 28.35.

         From the simple reading of the above, it is clear that the OP had charged the rental in the bill issued to the complainant as per rules and regulations of the company.

7.     As regards, the grievance of the complainant regarding the charging of late payment charges of Rs.250/- in the bill is concerned, the same were also rightly charged as per "Domestic connection tariff Card", a copy of which is attached as Annexure OP-1 with the written version.
8.     As far as the plea of the complainant that the present complaint is a type of Public Interest Litigation (PIL) is concerned, the same is also rebutted by the OP by submitting that this Commission has no powers to entertain and adjudicate the Public Interest Litigation and if the complainant has any grievance regarding it the same can be exercised only before the Hon'ble Supreme Court of India under Article 32 or before the Hon'ble High Court under Article 226 of the Constitution of India. We find weight in the submission of the OP and we have no hesitation in our mind to observe that this Commission does not have any jurisdiction to entertain and adjudicate the Public Interest Litigation and the same can be exercised before the Hon'ble Supreme Court under Article 32 or before the Hon'ble High Court under Article 226 of the Constitution of India respectively.
9.     In view of the above discussions, this complaint is without any merit and, therefore, the same deserves to be dismissed. Accordingly, the present complaint filed by the complainant is dismissed with no order as to costs.
10.     The pending application(s) if any, stands disposed of accordingly.
11.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 25.01.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER