Delhi

East Delhi

CC/278/2016

KAMAL CHUTTANI - Complainant(s)

Versus

INDRAPRAATHA GAS - Opp.Party(s)

05 Dec 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no         278/2016

                                                                                                  Date of Institution                01/06/2016

                                                                                                  Order Reserved on               05/12/2018

                                                                                                  Date of Order                        07/12/2018                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

                                                                                                       

In matter of

Mr. Kamal Chuttani, adult  

s/o  Sh J L Chuttani,  

R/o- 101, 2^nd Floor, Vigyan Lok, Delhi-110092…...…………….Complainant

                                                                  

                                                                                  Vs

1-M/s Indraprastha Gas Ltd (supplier of PNG)

CNG station, Opp. PS Vivek Vihar  

Vivek Vihar, Delhi 110095

 

2-IGL Bhawan 

Plot no. 4, Community Center  

Sec. 9, R K Puram, New Delhi 110022,,,,,,,,,,,,,,,..…………………Opponents

 

Complainant                                        In Person

Opponent’s Advocates                      Com Legal Associates,  LLP                             

 

Quorum                                                Sh Sukhdev Singh   President

                                                               Dr P N Tiwari           Member                                                                                                   

                                                               Mrs Harpreet Kaur Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

Complainant booked domestic pipe line gas / PNG connection in his flat by depositing a sum of Rs 6000/- on 19/07/2015 through cheque vide no. 003290 (ExCW1/1) and deposited all the required documents with application form no. 38639. Despite of lapse of time, complainant contacted OP2 personally, contacted on customer care numbers and also sent letter (Ex CW1/2 & 2A) on 15/02/2016, 11/02/2016 and 01/03/2016 with emails, but did not ge any response nor get gas connection where all flat owners in the same flats were provided gas connection.

Hence, filed this complaint for immediate installation of gas connection with compensation of Rs 35,000/- for mental and physical harassment and Rs 3000/- as litigation charges.  

It was admitted by OP2 through Mr Bhudev Singh, CGM (marketing) that complainant had deposited pipe line gas connection charges and connection was approved also, but due to objection from complainant’s ground floor owner, connection could not be provided despite of visiting ground staff and an officer. It was also submitted that a written objection was filed by his ground floor owner/ neighbor (Ex OPW1/1 & 1A). It was further stated that as per company’s terms and conditions (Ex OPW1/3), customer could not provide access to install the connection and NOC to install the connection. Hence, there was no deficiency in their services and complainant had filed this complaint to harass OP. So, this complaint may be dismissed.  

Complainant filed his rejoinder to the written statement and denied all the submissions of OP. It was specifically stated that he was an independent owner of second floor and rest all were also the flat owners. The gas pipe line was earlier installed upward parallel to the wall and independent connection outlets were provided. As alleged some dispute between ground floor owner and complainant, had nothing to do with gas connection. It was stated that OP staff never obeyed their own company’s terms and conditions and there was no counter objection ever filed by OP regarding any dispute between the parties and illegally delayed the connection. Hence OP replies were not acceptable.

Complainant also submitted evidences on his own affidavit and reaffirmed on oath that his evidences as gas connection amount cheque and its receipt vide Ex PW1/C and D with application form and company’s terms and conditions were on record as Ex PW1/L and also NOC requirement as PW1/M where no NOC was required if flats were not rented.

OP in their evidence on affidavit through Mr Bhudev Singh stated on oath that company was bound by their terms and conditions and also admitted the reason of delay based on the written complaint from ground floor owner against the complainant which was under terms and condition. It was also told to get NOC which was not provided. OP through their resolution of the company as OPW1/1, filed reply and submitted evidences where OP relied on RW1/2, 3 as related to disputes between the parties. The delay was due to company’s terms and conditions OPW1/4 and 5. It was stated as OP was ready to install the connection if mutual settlement could be met out. But during the proceedings, OP provided gas connection on the basis of Forum’s order dated 30/05/2017 OPW1/6.   

Both the parties submitted their written arguments and taken on record.

Arguments were heard from both the parties. After perusing materials on record, order was reserved. 

It was noted that complainant had paid gas connection fee of Rs 6000/- on 19/07/2015 and application was accepted, but due to inter-flat owner’s dispute, gas connection delay occurred. On considering terms and conditions of OP, NOC was required in rented premises and not in independent flats/houses as approach to individual houses were always separate. Taking OP defence of objections in between the flat owners, there was no evidence from OP that ever any police complaint was made by OP or any immunity for providing connection. Merely submitting that ground staff went many times and concerned officials had also visited complainant’s flat had no evidence to support their defence.

It was also considered that complainant got gas connection after about two years of acceptance of connection fee. Hence complainant was entitled for compensation for mental harassment and physical harassment. Hence, taking merit of these points, we award compensation of sum of Rs 5000/- which will be paid by OP2 within 30 days from receiving of this order. This will include litigation charges also. If OP fails to pay the compensation in stipulated time, then complainant shall be entitled for 9% interest from the date of receiving connection amount till realized.

The first free copy of this order be sent to the parties as per the regulation 18 (6) of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room under regulation 20(1) of the CPR.

 

(Dr) P N Tiwari Member                                                                            Mrs Harpreet Kaur Member                         

                                                Shri Sukhdev Singh President