Haryana

Karnal

CC/57/2023

Gagan Deep - Complainant(s)

Versus

Indraprastha Gas Limited (IGL) - Opp.Party(s)

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 57 of 2023

                                                        Date of instt.23.01.2023

                                                        Date of Decision:20.05.2024

 

Gagan Deep (age 42 years) son of Shri Krishan Gopal, resident of House no.007, Block-A, Ansal Town, Karnal-132001, Aadhar no.6665 3260 0829. Mobile no.7015300380.

                                                                        …….Complainant.

                                              Versus

 

1. Indraprastha Gas Limited (IGL), SCO no.30, 2^nd floor, Sector-8, near Khadi Bhawan, HUDA, Main Market, Karnal, Haryana-132001 through its Branch Manager.
2. Mr. Hooda Manager, Indraprastha Gas Limited (IGL), SCO no.30, 2^nd floor, Sector-8, near Khadi Bhawan, HUDA, main market, Karnal.

                                                                …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Complainant in person.

                    Shri  Amit Gupta, counsel for the OPs.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that in the first week of March 2022, complainant approached the OP to start IGL gas connection at his house. The staff of the OP no.2 visited the house of the complainant and after inspecting the house of the complainant, the staff of the OP installed gas pipeline connection on 29.03.2022 at about 4.30 p.m., the gas started reaching the kitchen of the house of complainant but after some time at about 5.00 p.m., a blast occurred and the gas stove as well as other appliances lying in the kitchen were burnt very badly but by the grace of God, no burnt injuries were caused to the wife of complainant, who was cooking food in the kitchen. Then the father of complainant immediately disconnected the gas supply from the main point. The complainant immediately intimated the OP regarding this incident. Thereafter, some officials of the OP visited the house of complainant and after inspection one representative of the OP told that the said incident occurred due to the technical fault in the gas pipeline and accordingly they stopped supply of gas through the gas pipeline. Then OP transferred Rs.3000/- to the account of the complainant. After the complainant came to know about supply of gas through gas pipeline in the adjoining houses had started then in the month of October 2022, the complainant approached the OP to re-start the gas supply to his house  and OP restarted the gas through gas pipeline to the house of complainant on 20.10.2022. On 04.11.2022, complainant was surprised to know that Rs.927/- is pending against him. Infact, just after the blast, the official of the OP had disconnected the gas supply on 29.03.2022. The complainant visited the office of OP and protested for the alleged charges as the complainant had never consumed gas from 29.03.2022 to 20.10.2023 but they told the complainant that there is a minimum charges which is calculated per month and thus, complainant will have to pay the said amount. Complainant requested the OP not to charge the said amount but OP did not pay any heed to the request of complainant and official of the OP misbehaved with the complainant. It is further alleged that on 11.11.2022, complainant made a complaint before National Consumer Helpline vide complaint no.4012483 but despite solving the problem of complainant, the OP intentionally and deliberately stopped the supply of gas through gas pipeline to the house of complainant on 04.12.2022 without informing the complainant. Due to this act and conduct of OPs, complainant has suffered harassment, mental pain and agony. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

 2.            On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded that PNG (Pipe Natural Gas) connection bearing business partner no.2100012286 was issued by the OP in the name of Ms. Bindu at house no.A-007 (Ground Floor), Ansal Town, Karnal. As per terms and conditions of service, a consumer of PNG is liable to pay gas consumption charges, VAT and other charges as per the bills issued by the OPs and that a consumer is liable to pay minimum charges equivalent to 4 SCM value to the OP. Complainant started using the PNG connection issued in the name of Ms. Bindu, without any information to the OPs. Infact, complainant has purchased the house where the aforesaid connection was already installed. The complainant not only failed to inform the OPs in this regard, but also failed to get the connection transferred in his name. On 29.03.2022, the OPs received a complaint from the complainant about some issues with the gas stove installed by him at the aforesaid connection. Upon visit of the official of the OPs, it was transpired that the glass top had been cracked. It is further pleaded that OP addresses any burner related issues or complaints after PNG conversation for a period of 15 days from the date of conversion, as such the OP reimbursed the cost of gas stove installed at the aforesaid connection, which was damaged and in this regard, the OPs paid an amount of Rs.3000/- to the complainant. Further, the damage to the gas stove installed at the aforesaid connection occurred due to high flame in the burner of the gas stove and there was no technical fault in the pipeline/s laid by the OP. However, the gas supply to the aforesaid connection was not stopped nor the said connection was disconnected, as claimed by the complainant. The complainant has infact wrongly alleged that at the time of the aforesaid incident, the gas supply to the aforesaid connection was stopped and the same was revived only on 20.10.2022. In fact, no request for disconnecting the gas supply to the aforesaid connection was made by the complainant and as such, the aforesaid gas connection remained active in the records/system of the OPs. Complainant was required to get the gas connection deactivated but no such request was made by the complainant and as such, the said connection remained active, for which, the complainant was liable to pay the requisite charges i.e. at least minimum charged equivalent to 4 SCM value. OPs had been issuing regular bills in respect of the gas connection but no amount was deposited by the complainant and/or Ms. Bindu. As the complainant never made any request for de-activation, minimum charges equivalent to 4 SCM value, continued to be debited in the account of the gas connection in question. On 12.10.2022, the complainant made a request with the OP for “New Stove Conversion (NSC)” and accordingly, a new stove of the complainant was converted on PNG. It is further alleged that complainant did not bother to get his credentials updated with the OPs regarding the gas connection in question and as such the gas connection in question continue to be in the name of Ms. Bindu and the bills in respect of the said connection continued to be delivered to Ms. Bindu, as her credentials only were available with the OPs. It was only in the month of October, 2022 , that the complainant bothered to submit the necessary documents for change of ownership of the gas connection in question in his name. Since a huge amount in respect of the previous bills remained outstanding against the gas connection, the OPs requested the complainant to pay the amount of arrears, so that the gas connection could be transferred in his name but the complainant failed to do the needful and as such, the gas connection in question continue to be in the name of Ms. Bindu, in the record of the OPs. Complainant not only failed to pay the amount of arrears but also failed to pay the gas consumption charges and other charges etc. to the OPs and as such compelled by circumstances, the gas connection was disconnected by the OPs on 08.12.2022, Further amount of Rs.4826/- is also outstanding in the account of gas connection. Thus, the complainant is liable to deposit the pending amount which is due to the OP but complainant desires to get the gas supply to the connection in question restored, without paying the due amount pending towards  the said connection. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of email dated 26.03.2022 Ex.C1 and Ex.C4, photographs showing meter reading Ex.C2, photographs showing burnt stove Ex.C3, copy of receipt of Rs.3000/-transferred by the OP to the deponent account Ex.C5, copies of bills dated 02.11.2022, 28.12.2022 and 01.03.2023 Ex.C6 to Ex.C8 and closed the evidence on 18.05.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Jasvinder, Deputy General Manager Ex.OP1/A, copy of application for restoration of supply Ex.OP1, copy of terms of supply Ex.OP2, copy of PNG Installation and Completion Report Ex.OP3, copy of ownership Transfer Form Ex.OP4, copy of sale deed Ex.OP5, copies of bills dated 02.11.2022, 28.12.2022, 01.08.2023, 24.03.2023 Ex.OP6 to Ex.OP9, copy of SAP report Ex.OP10 and closed the evidence on 02.08.2023 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Complainant, while reiterating the contents of the complaint had submitted that he purchased the house no.007 situated at Ansal Town, Karnal from one Bindu. OPs issued PNG connection in the name of said Bindu and he submitted all the documents with regard to transfer of the connection in his name and to start the IGL gas. On 29.03.2022., the gas started but after some time, a blast occurred and the gas stove as well as other appliances lying in the kitchen were burnt very badly. On intimation, the employee of the OPs visited the spot and stopped the supply of the gas. OPs admitted their fault and paid Rs.3000/- to him. OPs issued a bill of Rs.69000/- in the name of Bindu and requested to rectify the said bill, OPs rectified the said bills and issued a fresh bill of Rs.4826/-. Till date OPs after submission of the required documents repeatedly, neither transferred nor started the gas connection and demanded the minimum and other charges, which are illegal and not justified. OP no.2 also misbehaved with him and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that PNG connection in question was issued by the OPs in the name of Ms. Bindu. The complainant started using the said PNG connection without any information to the OPs. On 29.03.2022, on receipt of complainant, the official of the OPs visited the house of complainant and found that there was some issues with the gas stove. The OPs reimbursed the cost of gas stove amounting to Rs.3000/- to the complainant. Complainant neither submitted the required documents for transfer of the connection to his name nor deposited the pending bills/arrear. Complainant also failed to submit the written request to disconnect the connection in question and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           The complainant purchased the house no.007, situated in Ansal Town, Karnal from one Bindu. At the time of purchase the house, the gas connection was in her name. On 26.03.2022, complainant submitted the documents and requested the OPs to transfer and start the connection, this fact has been proved from the email Ex.C1 dated 26.03.2022. The gas supply started on 29.03.2022 and on the same day the blast occurred and upon the complaint, officer reached the spot and found that glass top of the stove was burnt. The gas supply was disconnected by the OPs. The OPs also paid Rs.3000/- as compensation to the complainant.

11.           On 20.10.2022, on the request of complainant the gas connection was again started by the OPs. OPs sent a bill on 02.11.2022 Ex.C6 of Rs.2927/-. But said bill has not been deposited by the complainant and OPs again sent a bill Ex.C7 dated 28.12.2022 of Rs.4826/- (included arrear of last bill of Rs.2927/-). The said bill is also not paid by the complainant and OPs sent last bill Ex.C8 dated 01.03.2023 of Rs.5988/- (amount of previous bill only). Due to non-payment of bill amount, gas connection was disconnected by OPs on 08.12.2022.

12.           The OPs have admitted that in the month of October 2022, complainant had submitted the necessary documents for change of ownership of the gas connection in his name. OPs have also alleged that at that time, huge amount in respect of the previous bills remain outstanding against the gas connection in question. We do not agree with this contention of the OPs because as per bill Ex.C6 dated 02.11.2022, no previous bills was pending against the connection in question. OPs have issued a bill Ex.C7 dated 28.12.2022 and bill Ex.C8 dated 01.03.2023 in the name of Bindu. When complainant had already submitted the necessary documents to change the gas connection in his name in the month of October 2022, the question for issuing the subsequent bills in the name of Bindu does not arise. OPs despite of transferring the gas connection in question in the name of complainant have disconnected the same. Thus, the act of the OPs amounts to deficiency in service and unfair trade practice.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to transfer the gas connection in question in the name of complainant only on receipt of the outstanding arrear shown in the bills Ex.C6 to Ex.C8, without imposing any penalty and other charges. We further direct the OPs to pay Rs.20,000/- on account of mental, pain agony and harassment and towards the litigation expenses.  This order shall be complied with within 45 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:20.05.2024                                     

                                                        President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

                (Vineet Kaushik)        (Dr. Suman Singh)    

                      Member                        Member