THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 331-13
Date of Institution : 6.5.2013
Date of Decision : 10.04.2015
Sh. Navdeep Singh R/o VPO Khapar Kheri, Tehsil and Distt.Amritsar
...Complainant
Vs.
M/s. Jagdev Gas Service,G.T. Road, Chheharta, Amritsar
M/s. Bharat Petroleuim Corporation Ltd.4 & 6 Currimbhoy Road, P.O. Box No. 688,Ballard Estate, Mumbai 400 001
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh.Akhilesh Vyas,Adv.
For the opposite party No.1 : Sh. Vishal Gogna,Adv.
For opposite party No.2 : Sh. Vimal Sharma,Adv
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sh. Navdeep Singh under the provisions of the Consumer Protection Act alleging therein that he applied for a domestic gas connection and the same was alloted to the complainant. According to the complainant as per intimation received from the opposite party, he approached opposite party No.1 to purchase gas cylinder alongwith pressure regulator. The complainant was alloted gas connection vide SV No. 4047000264 dated 15.2.2013 and the complainant was assured that the gas connection will be installed at the residence. Complainant has alleged that he fulfilled all the conditions for installation of gas connection but inspite of that nobody approached the complainant for installation of gas connection. The complainant again approached opposite party No.1 , but the opposite party then demanded money to the tune of Rs. 4578/- for the equipment ,details of the same is as follows:-
Hot Plate Rs. 3400.00
Rubber tube Rs.190..00
Blue Book Rs. 40.00
Lighter Rs. 175.00
Trolly Rs.250.00
2. Complainant requested the opposite party No.1 that he never intended to purchase the aforesaid items but the opposite party insisted to make payment of said items . Complainant has alleged that he was in dire need of the said connection, as such he has paid the amount to the tune of Rs. 6178/- to opposite party no.1 under protest. However, as per guidelines issued by opposite party No.2, the consumers are not bound to purchase the hot plate and other fittings from the dealer and they are free to purchase the said items from the open market as per their choice. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to refund the sum of Rs. 4578/- which the complainant paid under protest. Compensation of Rs. 25000/- alongwith litigation expenses were also demanded.
3. On notice, opposite party No.1 appeared and filed written version in which it was submitted that complainant has applied a new gas connection including the accessories which have duly been supplied by the opposite party to the complainant. It was submitted that as per the rules and regulations of the opposite party No.2, if a person who intends to get a new LPG gas connection and if he intends to purchase the hot plate chrome/steel burner or other equipments from the open market, he or she is supposed to purchase the said items of ISI Mark and is supposed to get deposit a sum of Rs. 230/.- to the distributor and obtain the receipt of Rs. 230/.-. But the complainant himself demanded all the goods mentioned in the bill dated 13.2.2013. It was further submitted that complainant has filed the present complaint for the refund of Rs. 4578/- which includes the gas filling, rubber tube and blue book which shows the malafide on the part of the complainant.While denying and controverting other allegations, dismissal of complaint was prayed.
4. Opposite party No.2 in its written version has submitted that complainant is the consumer of opposite party No.1 and not of opposite party No.2, therefore, he has no right and locus standi to file this complaint against opposite party No.2. It was submitted that it is the duty of the opposite party No.1 to install new gas connection on fulfilling all the conditions by the consumer. As per the demand raised by the complainant, the opposite party No.1 gas accessories to the complainant as mentioned in the bill itself and the complainant duly acknowledged the receipt of such accessories at the said rate by signing the bill itself. The accessories being provided to the consumer are of good quality having ISI Mark and cannot be compared with accessories available in the local market and are of sub standard. It was submitted that there is variation in rates of safety tube/pipe, regulators and other equipments connected with the gas connection between the local market as well as the equipments with ISI Standard Mark and the said equipments with ISI Standard mark are meant exclusively for the safety of the consumers and such equipments available in the local market are of sub standard and are of poor quality having no guarantee at all.
5. Complainant tendered into evidence his affidavit Ex.C-1, copy of new installation cash memo Ex.C-2, copy of serial card Ex.C-3, subscription voucher Ex.C-4.
6. Opposite party No. 1 tendered affidavit of Sh.Balwinder Singh, prop of opposite party No.1 Ex.OP1/1.
7. Opposite party No.2 tendered affidavit of Sh.Nandish Wadhawan, Territory Manager Ex.OP2/1.
8. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for the parties.
9. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got gas connection from the opposite party No.1 vide SV No. 4047000264 dated 15.2.2013. He received allotment intimation from the opposite party and the complainant approached the opposite party No.1. Opposite party No.1 demanded money to the tune of Rs. 4560/- for the equipment which was never demanded by the complainant.The list of the equipments include hot plate for Rs. 3400/-, rubber tube Rs. 190/-, blus book Rs.40/-, lighter Rs.175/-, trolly Rs. 250/- The complainant alleges that these equipments were never demanded by the complainant. But the opposite party insisted to buy these equipments from opposite party No.1.So the complainant has to pay the amount of the aforesaid articles also to opposite party No.1. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties.
10. Whereas the case of opposite party No.1 is that the complainant applied for new gas connection including the accessories which have been duly supplied by the opposite party No.1 to the complainant. As per rules and regulations of the opposite party No.2, if a person who gets a new LPG connection and if he/she intends to purchase the hot plate chrome/steel burner or other equipments from the open market, he or she is supposed to purchase the said items of ISI Mark which is approved product and then he or she is authorized to get deposit a sum ofRs. 230/- to the distributor and obtain the reeipt. But in the present case the complainant himself demanded all the aforementioned goods mentioned in the bill Ex.C-2 dated 13.2.2013. Opposite party No.1 further submitted that the complainant has filed the present complaint for the refund of Rs. 4578/- i.e. entire amount of the bill Ex.C-2 which includes the gas filling, rubber tube, blue book , etc which clearly shows the malafide on the part of the complainant. Ld.counsel for the opposite party No.1 submitted that the opposite party has proceeded as per rules and regulations of the opposite party No.2, so there is no deficiency of service on the part of opposite party No. 1 qua the complainant.
11. Whereas the case of opposite party No. 2 is that the complainant is the consumer of opposite party No.1 and not of opposite party No.2 and as such he has no locus standi to file this complaint against opposite party No.2 as the dispute, if any is inter-se between the complainant and opposite party No.1. Opposite party No.1 gave accessories to the complainant as mentioned in the bill Ex.C-2 and the complainant duly acknowledged the receipt of such accessories at the said rate by signing the bill itself. The accessories provided to the consumer by opposite party No.1 are of good quality having ISI Mark and as such cannot be compared with accessories available in the local market and are of sub-standard. There may be variation in rates of safety tube/pipe, regulators and other equipments connected with the gas connection between the local market product as well as the equipments with ISI standard mark. The equipments with ISI standard mark are meant exclusively for the safety of the consumer. The equipments available in the local market are of sub standard and are of poor quality having no guarantee at all. The complainant has,therefore, wrongly alleged that any higher price was charged from him for the aforesaid equipments or that she was compelled to purchase the same. Ld.counsel for the opposite party further submitted that had there been any grudge to the complainant why he did not lodge any complaint with opposite party No.2 against opposite party No.1 or to the police, District Administrative Authority or to the Food and Supply Department Authorities. It is,therefore, submitted that there is no deficiency of service on the part of the opposite party qua the complainant.
12. From the entire above discussion, we have come to the conclusion that complainant applied for new gas connection which was alloted to the complainant and opposite party No.1 sent intimation letter dated 15.2.2013 which was duly received and signed by the complainant himself and in this letter it has been categorically mentioned that if the complainant is already in possession of a hot plate/cooking range the same should be inspected by the opposite party within seven days latest from the date of payment of the inspection charges as mentioned in that letter .Subject to that the hot plate/cooking range meeting the specifications, the Bharat gas connection will be installed immediately on payment of charges mentioned in that letter. But the complainant did not produce any letter nor supplied any information to the opposite party that he is already in possession of hot plate/cooking range nor he got the same, if any inspected from the opposite party after making payment of inspection charges , within 7 days from the date of receipt of this letter dated 15.2.2013. Further the complainant purchased these articles from opposite party No.1 as mentioned in the bill Ex.C-2 voluntarily for Rs. 4578/- which included gas refil charges and he signed this bill Ex.C-2 in token of its correctness .The complainant never lodged any protest on this bill that he never demanded these equipments and that these equipments have been forcibly sold to the complainant. Further, the complainant did not lodge any complaint in this regard with opposite party No.2 nor the complainant lodged any complaint with the police or District Administrative or the Food and Supply/Consumer Affairs Authorities in this regard. The complainant purchased these articles as mentioned in Ex.C-2 on 13.2.2013 and brought the same to his home at the time of installation of the gas connection and he kept mum for about 3 months and he filed the present complaint on 6.5.2013. The complainant could not produce any evidence except his own bald statement in affidavit Ex.C-1 that he was forced to purchase these articles by opposite party No.1 asmentioned in the bill Ex.C-2.
13. Consequently we hold that complainant has failed to prove any allegation levelled inthe complaint against opposite party No.1. Therefore, we do not find any merit in the complaint and the same is hereby dismissed with no order as to costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
14. Case could not be disposed of within the stipulated period due to heavy
pendency of the cases in this Forum.
10.4.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
