DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC No. 533 of 22-11-2010 Decided on : 25-02-2011
Bachittar Singh S/o Sh. Gurdial Singh R/o Village Bangi Kalan, Tehsil Talwandi Sabo, District Bathinda. Complainant Versus
Kansal Gas Service, Raman Mandi through its Proprietor/Manager/duly authorised person .... Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Ms. Vikramjit Kaur Soni, President Dr. Phulinder Preet, Member Sh. Amarjeet Paul, Member
For the Complainant : Sh.Bachittar Singh, complainant in person. For the Opposite parties : Sh. Sanjeev Gupta, counsel for the opposite party.
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
This complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as 'Act'). The complainant alleged that the opposite party has not adopted proper procedure for supplying the gas cylinders. Neither the place nor the day is fixed for distribution of gas cylinders nor the opposite party has sufficient arrangements/equipments to control any mishap nor there is any arrangement for first aid. The opposite party has not provided with the vehicles with sufficient equipments such as fire extinguishers etc., to meet any mishap. The drivers are also not trained and there is a risk of accident while driving the vehicles in the narrow streets of villages. The employees of the opposite party are not trained and have no knowledge of taking precautionary measures while loading and unloading of gas cylinders and during last days while throwing the cylinder in a negligent manner, the employee of the opposite party has cut the toe of one consumer. They did not wear proper uniform. As the consumers are not aware of taking care of the cylinders, while fitting the regulator, sometimes the pins are broken and employees of the opposite party used to charge penalty from them in this regard without issuing any bill to them. The opposite party has made a rule to supply the refill within 30 days at their own level without any written notice and due to this, the consumers are suffering a lot. The complainant alleged that adjoining the Rama Mandi, there is a oil refinery where number of families resides and the opposite party is supplying refills to them by adopting wrong methods. Hence, this complaint for issuing directions to the opposite party to remove the aforesaid discrepancies keeping in view the problems of the consumers. The opposite party filed his written version and pleaded that there is specific day, time and place for the distribution of refill of gas cylinders and the distribution is made after complying with all the necessities of all types. The vehicles supplying the refill of gas cylinders are keeping proper instruments in order to avoid any mishap. All the employee of the opposite party are well trained employees, having full knowledge of taking all the precautionary measures while loading and unloading of gas cylinders and wear their proper uniform. It was specifically denied that the employee of the opposite party had cut toe of any person rather no such occurrence ever took place. The supply of refill gas cylinders depends upon the demand and supply of the cylinders. The opposite party has pleaded that there is acute shortage of gas supply keeping in view the following ratio of the customers and supply : Month Customers Supply July 14544 10644 August 14637 10638 September 14723 10638 October 14791 11538 November 14827 11202 December 14887 10788 The distribution is made as per the policy and as per the booking order of the customers. The complainant is a bully person and on 28-10-2010, he came to the office of the opposite party alongwith 4/5 persons and demanded 5 refilled gas cylinders out of turn and without any booking and when the Manager as well as the distributor refused to accede their illegal demand, then the complainant annoyed and started fighting with the employees of the opposite party and threatened the opposite party to teach a lesson for not supplying him refilled gas cylinders as per his desire. The entire occurrence was witnesses by Sh. Surinder Kumar son of Labu Ram, Tarsem Chand S/o Chanan Ram and Ashok Kumar S/o Krishan Lal all residents of Rama Mandi who are neighbourers of the opposite party. The opposite party has pleaded that neither he has adopted any illegal methods nor there is any complaint against his agency which is being run by him for the last many years. They are providing refill gas cylinders only to their customers as per the rules and regulations and after complying with all the formalities. Parties have led their evidence in support of their respective pleadings. Arguments heard and written submissions submitted by the parties perused. The complainant has submitted that the opposite party has not adopted proper procedure for supplying the gas cylinders. Neither the place nor the day is fixed for distribution of gas cylinders nor the opposite party has sufficient arrangements/equipments to control any mishap. The opposite party has not provided the vehicles with sufficient equipments such as fire extinguishers etc., to avoid any mishap. The drivers are also not trained and there is risk of accident while driving the vehicles in the narrow streets of villages. The employees of the opposite party are not trained and have no knowledge of taking precautionary measures while loading and unloading of gas cylinders. During the few last days, one of the employees has thrown cylinders carelessly from the vehicle resulting chopping up the toe of one of the consumer and the opposite party hushed up the matter. The employee of the opposite party did not wear proper uniform. Further as the consumers are not aware of taking care of the cylinders, while fitting the regulator, sometimes the pins are broken and employees of the opposite party used to charge penalty from them in this regard without issuing any receipt to them. The opposite party has made a rule to supply the refill within 30 days at their own level without any written notice and due to this, the consumers are suffering a lot. The complainant further alleged that the opposite party is supplying refills to the staff/families of oil refinery by adopting wrong methods. The complainant prayed that the opposite party be directed to remove the aforesaid discrepancies keeping in view the problems of the consumers and supply be made regular. On the other hand, the learned counsel for the opposite party submitted that there is specific day, time and place for the distribution of refill of gas cylinders. The vehicles supplying the refill of gas cylinders are keeping proper instruments in order to avoid any mishap. All the employees are well trained having full knowledge of taking all the precautionary measures while loading and unloading of gas cylinders and wear their proper uniform. No such occurrence of cutting of toe of any customer has taken place as alleged by the complainant. The learned counsel for the opposite party submitted that the supply of refill gas cylinders depends upon the demand and supply of the cylinders. There is acute shortage of gas supply and in this regard, he referred the aforesaid table mentioned in the written version of the opposite party. The learned counsel for the opposite party submitted that the opposite party alongwith 4/5 persons came to the office of the opposite party and demanded 5 refilled gas cylinders out of turn and without any booking. On refusal by the Manager/distributor, the complainant became annoyed and threatened to teach him the lesson. The whole occurrence was witnessed by S/Sh. Surinder Kumar, Tarsem Chand and Ashok Kumar residents of Rama Mandi. The main allegation of the complainant is that the supply of refilled cylinders is not being made to him in time. He has also levelled many other allegations such as the employees of the opposite party are not well trained; they do not wear proper uniform; they carelessly load and unload the cylinders; drivers of the vehicles which carry cylinders are not trained and the vehicles carrying cylinders do not have sufficient equipments to avoid any mishap etc., The complainant has not placed on file any evidence to prove his these allegations. On the other hand, the version of the opposite party is that the complainant demanded 5 refilled gas cylinders without any booking and on refusal he started fighting and threatened the opposite party to teach him a lesson. To prove his this version, the opposite party has produced on file the affidavits of Sh, Tarsem Chand, Malkiat Singh, Babu Singh and Ashok Gupta Ex. R-23 to Ex. R-26 respectively wherein they have deposed that the complainant visited the office of the opposite party and demanded 5 refilled gas cylinders and on refusal the quarrel has taken place between the complainant and the opposite party. The complainant has placed on file photocopy of his gas booking copy Ex. C-2 which has the words mentioned on it that “we cannot supply gas refill before 24 days”. But the opposite party has placed on file Ex. R-16 wherein it has been mentioned on Sr. No. 1 that home delivery would be given within 24 hours of the booking. The words written on the gas booking copy are in violation of the document Ex. R-16 produced by the opposite party which amounts to deficiency in service on its part. But keeping in view the necessity of refill gas cylinders and the plea of the opposite party regarding demand and supply of cylinders, it is not possible for the opposite party to give five gas refill cylinders to one consumer against one gas connection as demanded by the complainant. But the complainant is entitled for one refill cylinder. Hence, the opposite party is deficient in not supplying the refill cylinder to the complainant in adequate time after booking. Hence, this complaint is accepted with Rs. 500/- as cost and compensation and the opposite party is directed to supply the refill cylinder to the complainant within adequate time ( to book the cylinders between 21 to 30 days from the date of last delivery of refill cylinder and supply the refill cylinder within 7 to 10 days) from the date of booking according to his booking number. The compliance regarding cost and compensation of Rs. 500/- be made within 30 days from the date of receipt of copy of this order. A copy of this order be sent to the parties concerned free of cost and the file be consigned.
Pronounced 25-02-2011 (Vikramjit Kaur Soni) President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member
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