Haryana

Yamunanagar

CC/234/2010

Parabhjeet Singh S/o Gurcharan Singh - Complainant(s)

Versus

Jagdambey Enterprises - Opp.Party(s)

Rajiv Kumar Gupta

06 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 234  of 2010.

                                                                                             Date of institution: 16.3.2010

                                                                                             Date of decision: 6.10.2015.

Prabhjeet Singh son of Sh. Gurcharan Singh resident of House No. 1222/7 Ganga Nagar Colony, Jagadhri, Tehsil Jagadhri, Distt. Yamuna Nagar.   

                                                                                                           …Complainant.

                                    Versus

 

Jagdambey Enterprises, Buria Chowk, Amadalpur Road, Jagadhri, through its Proprietor.                                                                                                                                                                                                                              …opposite party.

 

Before:            SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Rajiv Kumar Gupta, Advocate, counsel for complainant.   

               Sh. J.S.Baliyan Advocate, counsel for OP.           

             

ORDER

 

1.                     Complainant Sh. Parabhjheet Singh has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondent ( hereinafter referred as OP) be directed to make the payment of Rs. 1,75,000/- as compensation and further to refund the amount charged excess. 

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant is having a LPG Gas connection bearing No. 11391 since February 2008. Hence, there is a relationship of consumer and supplier between the parties. It has been alleged that as per rate fixed by the Govt. of India and Department of Food and Civil Supply, the rate of 14.2 Kg. LPG Cylinder was Rs. 305.45 if the consumer himself takes and carries the cylinder from Godown of OP and if there was home delivery of cylinder by OP then the rate of cylinder was Rs. 313.45 paise. The complainant was having only one cylinder and to have that he had to pre-book the cylinder each and every time and it took about 10-15 days after booking of cylinder for getting filled up cylinder. The complainant always carried himself the empty cylinder to the office of Op and thereafter a slip was issued to him and after taking that slip he used to go to Godown of OP for taking a new cylinder. The OP always charged the home delivery charges from its consumer inspite of fact cylinder was carried by consumer himself. The OP was supposed to charge only Rs. 305.45 paise but the OP was charging Rs. 313.45 which was duly evident from the bill dated 2.3.2010 bearing No.2518 vide which the OP charged Rs. 313.45 instead of Rs. 305.45 which was highly unfair and unjust trade practice on the part of OP against the mandate of price fixed by the Government and the same amounts to over pricing of the goods. The complainant protested the same to the OP and demanded that they should charge Rs. 305.45 but the OP refused to listen the just and genuine request of complainant. The act and conduct of the OP was monopolistic, highly negligent and deficient in services and amounts to unfair and unjust trade practice and on account of the said reason the complainant has suffered great mental agony, harassment and financial loss for which the complainant is entitled to be compensated to the tune of Rs. 1,75,000/- and also entitled to refund of excessive price charged by the OP. Hence, this complaint.  

3.                     Upon notice, OP appeared and filed its written statement by taking some preliminary objection such as complaint is not maintainable, no locus standi to file and maintain the present complaint, no cause of action against the OP, and on merit it has been mentioned that the complainant has LPG gas connection with the OP and the OP is distributor under Bharat Gas & Petroleum Company Ltd.  It is denied that the complainant pre-booked the cylinder every time before delivery 10-15 days. It depends on the arrival of cylinders from company i.e. Bharat Gas & Petroleum Company Ltd. to OP. As soon as the OP received the cylinders from the company, they supplied the same as early as possible. It is also denied that the complainant always carries the empty cylinder to the office of Op and taking new cylinder from the godown, whenever the complainant approached to the office of OP and desires to carry the cylinder from godown, the Op always takes Rs. 305.45 for the new filled cylinder and whenever the complainant desired to receive the cylinder at home the OP delivered the filled cylinder at home of complainant and charged Rs. 313.45 as prescribed by the Government of India. It has been further mentioned that on 2.3,2010 the new cylinder was delivered by Op through its hawker namely Ram Phal as the complainant had given his address in the application form, but when the hawker reached at the given address on slip/bill and found the complainant changed his address and presently residing at Bharat Sewak Nagar,  Buria Chowk, Jagadhri where the said hawker supplied the filled cylinder and charged Rs. 313.45 from the complainant. The complainant concealed his changed address from the knowledge of court. The OP is dealing in the said business from the last about 24-25 years and no complaint has been lodged by any customer against the OP. The OP never charged more amount from the complainant but always charges as per prescribed rate by the Government and when the delivery of the cylinder is made from the godown, the OP charged Rs. 305.45 and on the home delivery the OP charged Rs. 313.45 only. As such, there is no deficiency in service on the part of OP and prayed for dismissal of complaint. 

4.                     To prove the case, counsel for complainant tendered into evidence affidavit of complainant as Annexure CX and documents such as Photo copy of bill as Annexure C-1, Photo copy of Gas Cylinder book as Annexure C-2, Photo copy of Ration Card as Annexure C-3, Photo copies of bill of gas refilling as Annexure C-4 & C-5, Photo copy of writing of Jaswanti Devi as Annexure C-6. 

5.                     On the other hand, counsel for the OP failed to adduce any evidence, hence the evidence of OP was closed by court order dated 14.11.2014.

6.                     We have heard the counsels for both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance whereas the counsel for OP reiterated the averments made in the reply and prayed for dismissal of complaint.

7.                      It is not disputed that complainant is having a gas connection bearing No. 11391 since February 2008 from the agency of the OP. The only plea of the complainant is that he always carried himself empty cylinder to the office of OP and thereafter a slip was issued to him and after taking that slip he used to go to godown of the OP for taking a new filled cylinder. The OP always charged the home delivery charges from its customer despite of facts that cylinder was carried by consumer himself. The OP was supposed to charge only Rs. 305.45 but the OP was charging Rs. 313.45 which was duly evident from bill dated 2.3.2010 bearing No. 2578 instead of Rs. 305.45 (Annexure C-1) and also referred other bills of other customers as Annexure C-2 to C-5. Learned counsel for the complainant further referred a letter Ex. C-6 in which Jaswanti Devi owner of Gas Agency i.e. OP has stated that an amount of Rs 315/- has been charged instead of Rs. 305/- by mistake and felt sorry for misbehaviour by the staff. Lastly, learned counsel for the complainant argued that the act and conduct of the OP was highly unfair and unjust trade practice on the part of OP and the same amounts to deficiency in service and unfair trade practice. Hence the complainant is entitled to get compensation of Rs. 1,75,000/- on account of excessive price charged by the OP.

8.                     On the other hand, learned counsel for the OP hotly contested the case and argued at length that all the allegations leveled by the complainant are false, manipulated and has been leveled just to extort money from the OP. it has been specifically denied that the complainant always carried the empty cylinder to the office of OP and taken new filled cylinder from the godown. Whenever the complainant approached to the office of OP and desired to carry cylinder from Godown, the OP always charged Rs. 305.45 paise for new filled cylinder and whenever the complainant desired to receive the cylinder at home delivery, the filled cylinder delivered at the home of complainant and charged Rs. 313.45 as prescribed by the Government of India. It has been further argued that on 3.3.2010 the new cylinder was delivered by the OP through its hawker namely Ramphal at the address given by complainant in the application form but when the hawker reached at the given address on slip/bill it was found that the complainant changed his address and presently residing at Bharat Sewak Nagar, Buria Chowk, Jagadhri where the hawker supplied the filled cylinder and charged Rs. 313.45 paise from the complainant. Learned counsel for OP draw our attention towards refilling history sheet (Annexure R-1) produced by the OP on the direction of this Forum in which it has been specifically mentioned that as and when any customer took the delivery from the godown an amount of Rs. 305.45 has been charged and against that entry a word cash and carry has been mentioned at the bottom of the bill/slip. It has been further argued that complainant concealed his changed address from the knowledge of the court as well as from the OP and prayed for dismissal of complaint.

9.                     From the perusal of record produced by the OP it is clear that there are so many entries for the amount of Rs. 305.45 by mentioning the word cash and carry from the customers. Learned counsel for the complainant totally failed to convince this Forum that the complainant took the delivery from the godown himself and an amount of Rs. 313.45 has been illegally charged instead of Rs. 305.45 from the complainant. The complainant totally failed to file any cogent evidence for taking the delivery from godown, as alleged by him in the complaint. The complainant wants to get the undue advantage of the letter Annexure C-6 in which the owner of the Gas Agency i.e. OP Smt. Jaswanti Devi has apologized for misbehaviour with one Satish Kumar and not with the complainant. Even the complainant has not filed any copy of any complaint made in this regard to Food & Supplies Department or to the office of Bharat Gas & Petroleum Company Ltd. or to any Local Administration. Moreover, as per his own pleading he is taking delivery of gas from the Gas Agency of OP since February 2008 and he has not filed any complaint prior to this or has objected on the illegal act of OP. 

10.                   After going through the above noted discussion, this Forum is of the considered view that the complainant has miserably failed to prove his case or any deficiency in service or unfair trade practice on the part of OP. Hence, the complaint of the complainant is ordered to be dismissed. Accordingly the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court 6.10.2015.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.