Date of filing : 25-04-2011
Date of order : 12-08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 93/2011
Dated this, the 12th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Shanmughan, } Complainant
S/o.Subramanya Maniyani, Thottiyil House,
Kalanad.Po.Kalanad, Kasaragod.Dt.
(In Person)
1. K2- Flamogen, HP Gas Distributors, } Opposite parties
Vestal Plaza, Udma, Kasaragod, Kerala.
(Adv. K.V.Jayaraj, Kasaragod)
2. Manager, HP Corporation Ltd,
Panambur, Mangalore.
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri.Shanmughan is that he was a consumer of domestic gas under Jwala Agency, Kalanad and his consumer No. is 601114. All of a sudden his gas connection with some other connections were transferred to K2-Flamogen (the opposite party) and his consumer number changed as 609445. Since then the refilled cylinder is not supplied to the complainant. When he made several requests, the gas agency were ready to deliver the cylinder provided he has to pay `390 But according to him it is illegal amount and hence he refused to receive the cylinder. Thereafter the opposite party is not delivering the refilled domestic gas cylinder to the complainant and this caused physical strain and mental agony to the complainant. Hence this complaint for necessary redressal.
2. According to opposite parties, booking and delivery of gas cylinders are very transparent now a days. The Ist opposite party is functioning by abiding all the guidelines of opposite party No.1 by the HPCL. The godown of opposite party No.1 is more than 11 kilometers away from the residence of the complainant. The distributor is entitled to collect transportation charges for delivery of cylinders beyond the “free zone delivery area” determined by the concerned authority. The distribution of gas cylinder is monitored by the District Magistrate and District Supply Officer and the delivery charges are determined by a committee headed by them. The distributor cannot supply refilled cylinders without collecting proper delivery charges and these are collected by issuing separate bills. Opposite party No.1 is ready to deliver gas cylinder to the complainant at any time if he books for it and if he is ready to pay the delivery charges. There is no deficiency of service on the part of opposite parties.
3. Exts A1 to A5 marked on the side of complainant. Exts B1 and B2 were marked on the side of opposite party No.1. Both sides heard and documents perused. Now the points arises for consideration are:
4. 1. Whether there is deficiency of service on the part of opposite party No.1.?
2. If so what order as to relief and cost?
5. For the sake of convenience both these points can be discussed together.
. The contention of opposite party No.1 is that they are the distributor of Hindustan Petroleum Corporation Ltd (HPCL) they are selected by the company for the reason that he is the fit candidate. The booking of gas cylinders can be done through phone and it is very transparent now a days. Booking shall be remain in force in the system of HPCL as well as in the computer system of the opposite party No.1 till the delivery bill is printed. The godown of opposite party No.1 is more than 11 Kilometers away from the residence of the complainant. And the distributor is entitled to collect transportation charges for delivery of cylinders are determined by a committee headed by District Magistrate from time to time. There is no complaint that he is not getting refilled cylinders within time. But the complaint is that opposite party is demanding `390/- when the bill amount is only `368.15/-. At the time of hearing, the complainant admitted that his residence is 11 KM away from the godown of the first opposite party. As per Ext.A4, the complainant has availed refilled cylinders till 17-03-2011. Thereafter also he booked for gas cylinders on 21-03-2011 but was refused to accept the cylinder by paying the delivery charges. In their version and during enquiry opposite party No.1 agreed to deliver gas cylinder to the complainant at any time if he pays delivery charges.
6. As per Ext.B3 the proceedings of the Additional District Magistrate, dated 7-1-2011 the consumer has to give delivery charges at the rate of `10/- from 6-10 KMs and `14/- from 11 KM to 15KMs. At this juncture it is the grievance of the complainant that formerly he was under the Distributorship of M/s Jwala Agencies from whom he was receiving the cylinders without any delivery charges and his connection is transferred not according to his will.
7. In this regard opposite party submitted that some of the connections which were formerly under Jwala Agencies were transferred by the HPCL and they have no roll in that transfer.
According to complainant the agency should have own a godown within the free delivery zone and in the instant case it is 11 ½ KM away from his house which casts him additional burden of payment of transportation charges. The grievance of complainant is genuine one. Hence we direct opposite parties to take steps to transfer the complainant’s connection to Jwala Agencies if he desires. Till that period he should be supplied refilled gas cylinders and they can claim delivery charges for which separate bill shall be issued. There is no further order as to costs and compensation.
MEMBER MEMBER PRESIDENT
Exts.
A1.Photo copy of SV/TV/CTA Form issued by Hindustan Petroleum Corporation Ltd.
A2. Photocopy of bill issued by OP
A3. Photo copy of letter issued by OP.
A4.Photocopy of consumer card in favour of complainant Shanmughan.
A5.06-06-2011 letter sent by DSO, Kasaragod to Shanmughan.
B1. 25-06-2011 Photocopy of letter issued by HP Gas K2 Flamogen to complainant.
B2. 25-04-2011 letter issued by DSO, Kasaragod to OP NO.1.
B3. 07-01-2011 Proceedings of Additional District Magistrate, Kasaragod.
MEMBER MEMBER PRESIDENT
Pj/
