Haryana

Karnal

CC/275/2018

M/s Rana Gas Agency - Complainant(s)

Versus

Indo Bright Petroleum Private Limited - Opp.Party(s)

Ravinder Kumar Chaudhary

07 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 275 of 2018

                                                          Date of instt.12.10.2018

                                                          Date of Decision 07.02.2020

 

M/s Rana Gas Agency, V & P.O. Kalawar, Tehsil Jagadhari, District Yamun Nagar through its Proprietor Shri Rahul Chauhan (Aged 33 years) son of Shri Kanwar Pal.

                                                 …….Complainant.

                                              Versus

 

1. Indo Bright Petroleum Pvt. Ltd., LPG Bottling Blouding & Storage Terminal, Hathlana Road, VPO Jundla, District Karnal through its Chief Executive Officer Sh. M. Buhan.

2. Shri M. Buhan, Chief Executive Officer, Indo Bright Petroleum Pvt. Ltd., LPG Bottling Blouding & Storage Terminal, Hathlana Road, VPO Jundla, District Karnal.

 

                                                                        …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Ravinder Kumar Advocate for complainant.

                   Opposite parties exparte.

                                              

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant submitted an application to the OPs for the appointment of Dealer of “IBP Gas” Indo Bright Petroleum (LPG Packed) for the prescribed area Ambala Cantt, District Ambala and has deposited an amount of Rs.40,500/-, vide receipt sr. no.IBP/JAN/12/059/RA, dated 12.01.2017. Accordingly, considering the application of the complainant the OPs issued letter of Intent (LOI) vide Ref. no.IBP/KNL/LOI/2016-17/HR/225, dated 15.01.2017, vide which the OPs were pleaded to appoint the complainant “Dealer” for the prescribed Area Ambala Cantt. subject to  the condition that the complainant will construct the godown for storage of LPG filled cylinders and the LPG Storage should be approved and licensed by Chief Controller of Explosives of Petroleum Explosives Safety Organization, Govt. of India. Further, the complainant was directed to make all out efforts to commission the IBP Gas Dealership within three months from the date of issue of the letter of Intent and if the OPs find that the Progress being made by the complainant towards the above is not to their satisfaction, the said offer is liable to be withdrawn. The complainant was authorized to execute the sales, supply and marketing promotion of their brand IBP Gas on commission basis from its LPG Bottling and Storage Plant having license no.S/HO/HN/03 559 (556745), G/HO/HN/05/205 and G/HO/HN/06/201 (G35161) situated at Khewat no.1852, 708, Khatoni no.2210, 851, Khasra no.155/17, 155/24, Rakba no.8-14, 8-0, Hathlana Road V & P.O. Jundla, District Karnal. It is further alleged that the company reserved all rights, all times to change, increase or decrease the prescribed area/territory. The OPs further directed the complainant to deposit applicable trade deposit (interest free) within one week from the date of receipt of letter of intent. In compliance of the letter of Intent, the complainant deposited an amount of Rs.1,10,000/- as approval fee for getting approved the construction of godown from Chief Controller of Explosives of Petroleum Explosives Safety Organization, Govt. of India vide receipt no.2195, dated 18.02.2017. Subsequently, the complainant has also deposited a sum of Rs.3,00,000/- as security amount, vide receipt sr. no.IBP/FEB/17/071/SA, dated 16.03.2017. It is further alleged that OPs have not issued any approval certificate for the proposed godown for storage of LPG filled cylinders by getting the same approved and licensed from Chief Controller of Explosives of Petroleum Explosives Safety Organization, Govt. of India and the OPs cancelled the dealership of the complainant by issuing letter reference no.IBPPL/HR/RGA/2018/04, dated 10.03.2018 alleging therein that “We wish to inform you that letter of intent (LOI) is a temporary document that demonstrates a willingness to do business. It does not authorize you as a dealer. Further, the OPs directed the complainant to submit an undertaking in this regard in order to get the amount of approval fee, security fee and other charges paid by the complainant refunded from the OPs. Accordingly, the complainant submitted an undertaking on 11.04.2018 to the effect that the complainant is unable to continue further process of dealership and requested you to refund the amount of approval fee and security fee i.e. Rs.1,10,000/- and Rs.3,00,000/- respectively for the kind perusal of this Forum. On the undertaking dated 11.04.2018 submitted by the complainant to the OPs, the OPs were pleaded to refund the amount of Rs.3,00,000/- deposited by the complainant as security fee to the complainant by issuing cheque no.397118.  OPs failed to refund the amount of Rs.1,10,000/- to the complainant. Due to non-refund of the said amount complainant suffered mental pain, agony, harassment as well as financial loss. Thereafter, complainant sent a legal notice dated 10.08.2018 to the OPs calling upon the OPs to refund the amount of Rs.1,10,000/- (deposited by the complainant as approval fee, vide receipt no.2195 dated 18.02.2017 alongwith interest @ 18% per annum from 18.02.2017 till its realization as well as compensation for mental harassment etc.) but it also did not yield any result. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who did not appear and proceeded against exparte, vide order dated 12.12.2019 and 14.03.2019 respectively.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C14 and closed the evidence on 20.01.2020.

4.             We have heard the learned counsel of the complainant and have gone through the record available on the file carefully.

5.             The case of the complainant, in brief, is that he submitted an application to the OPs for the appointment of Dealer of “IBP Gas” Indo Bright Petroleum (LPG Packed) for the prescribed area Ambala Cantt, District Ambala and has deposited an amount of Rs.40,500/-, vide receipt sr. no.IBP/JAN/12/059/RA, dated 12.01.2017. Accordingly, considering the application of the complainant. the OPs were pleaded to appoint the complainant “Dealer” for the prescribed Area Ambala Cantt. Further, OP directed the complainant to deposit applicable trade deposit (interest free) within one week from the date of receipt of letter of intent. In compliance of the letter of Intent, the complainant deposited an amount of Rs.1,10,000/- as approval fee. Subsequently, the complainant has also deposited a sum of Rs.3,00,000/- as security amount, vide receipt sr. no.IBP/FEB/17/071/SA, dated 16.03.2017 but OPs have not issued any approval certificate for the proposed godown for storage of LPG filled cylinders by getting the same approved and licensed from Chief Controller of Explosives of Petroleum Explosives Safety Organization, Govt. of India and the OPs cancelled the dealership of the complainant by issuing letter reference no.IBPPL/HR/RGA/2018/04, dated 10.03.2018. Thereafter, complainant requested the OPs to refund the amount of approval fee but OPs failed to refund the amount of Rs.1,10,000/- to the complainant. Due to non-refund of the said amount complainant suffered mental pain, agony, harassment as well as financial loss. In support of his allegations complainant filed his affidavit Ex.CW1/A and documents Ex.C1, agreement for dealership, Ex.C2 receipt of Rs.40,500/-, Ex.C3 letter of intent, Ex.C4 receipt of security amount of Rs.3,00,000/-, Ex.C5 licence fee/approval fess amount of Rs.1,10,000/-, Ex.C6 copy of bank statement, Ex.C7 notice of cancellation of LOI of IBP Gas dealership dated 10.03.2018, Ex.C8 letter of PESO, Ex.C9 copy of undertaking, Ex.C10 copy of NOC, Ex.C11 copy of legal notice, Ex.C12 copy of legal notice receipt, Ex.C13 acknowledgement and Ex.C14 copy of Aadhar card. To rebut the evidence produced by the complainant OPs did not appear and opted to be proceeded against exparte. Thus evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the OPs either to give the dealership to the complainant if OPs did not do so then they are liable to refund the security amount as deposited by the complainant with the them, but OP failed to do so. Hence, it is well proved that the service of the OPs was deficient.

6.             As a sequel to the foregoing reasons, we accept the present complaint and direct the OPs to refund the amount of Rs.1,10,000/- to the complainant with interest @ 9% per annum from the date of deposit till its realization. We further direct the OPs to pay Rs.15,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 07.02.2020

                                                                        President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                     (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                        Member                       Member