Date of filing : 23-04-2012
Date of order : 19-12-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.120/2012
Dated this, the 19th day of December 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Abdul Khader, } Complainant
S/o. Mohammed Hajee,
Kelagine Mane, Paivalike.Po.
Kasaragod.Dt.
(In Person)
Mallika Enterprises, HPC-LPG Kumbala, } Opposite party
Kumbala.Po. Kasaragod.Dt.
(Adv.M.Vittala, kasaragod)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The grievance of the complainant in terse is that opposite party, a supplier of LPG cylinders committed inordinate delay in distributing the Gas Cylinders he booked on 29-03-2012 and as a result he suffered a lot since in the meantime both of his LPG cylinders were emptied.
2. According to opposite party complainant is owning 2 LPG cylinders and he is not a regular consumer. The opposite party is discharging his duties as per the direction of Hindustan Petroleum Limited. They are immediately delivering the cylinder whenever list is matured and on priority basis as per direction of the company. In this case the cylinder booked was delivered on 26-04-12. A customer has to wait 21 days after booking. Thereafter as per priority basis HP gas cylinder would be delivered. Due to some major unforeseen events and repair in the HP plants in March & April delivery was disturbed and even then gas cylinder was delivered to the complainant on 26-04-12. The Hindustan petroleum company is a necessary party to the proceedings. The complainant is not entitled for any amount as damages.
3. The documents produced by the opposite party marked as Exts B1 & B2. Heard both sides. Documents perused.
4. The prime contention of the opposite party is that he is discharging his duties as per the direction of the Hindustan Petroleum Ltd and a customer has to wait 21 days after booking and thereafter as per priority basis HP Gas Cylinder would be delivered.
5. The said contentions doesn’t make any sense. No petroleum company can give such directions contrary to the statutes, and orders, such circulars, guidelines notification and press releases will not have any legal force.
In this respect it is worth to look in to the order No.9 {C} the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order. It provides as follows:
{C} Every distributor shall take steps to ensure that stocks of liquefied Petroleum gas are available at the business premises, including the storage point, at all times.
6. This order makes it crystal clear that it is the duty of the distributor to keep sufficient stocks of LPG at all times. The stocks shall be sufficient enough to meet the requirements of the Consumers and the scarcity in stock itself is contrary to this provision tantamounting to deficiency in service.
7. The opposite party in their version has stated that a customer has to wait 21 days after booking and thereafter on priority basis HP gas cylinder would be delivered. But opposite party has not produced any documents to show that under what provision a customer is required to wait 21 days to know that date of delivery of his refilled gas cylinder. This is quite contrary to the LPG (Regulation of Supply and Distribution) Order 2000.
8. The opposite party who appeared in person during hearing has submitted that he had approximately `90,000/- customers where as his nearby dealers of LPG has got less number customers. So if the complainant wish, he can shift his connection to any other dealer. But the complainant submitted that he doesnot wait to shift his connection from opposite party.
9. The short supply of LPG cylinders is a pestering problem in our country. There may be different reason for the supply shortage of LPG cylinders. But it creates much hue and cry as it is an essential commodity. The manufacturers or oil companies are also contributories to these hulla-baloos.
In the result, complaint is allowed with a cost of `1000/-. In future opposite party is directed to supply LPG cylinders within 10 days from the date of booking to their customers. Failing which they shall be liable to pay `10/- per day towards the cost of alternate fuel for cooking from 10th day of booking till date of delivery. Had the opposite party had a case that the reason for delay in supply is due to the short supply of LPG cylinders by the Hindustan Petroleum Corporation Limited then opposite party can recover the amounts from them through appropriate legal proceedings after satisfying the award.
MEMBER MEMBER PRESIDENT
Exts.
B1. Photocopy of Subscription Voucher.
B2.Refill Order details.
MEMBER MEMBER PRESIDENT
Pj/
