The case of the complainant, Sri Tarun Das, S/o. Late Bipin Bihari Das, is that he is a consumer under the O.P, M/S Baba Loknath Gas service, Dinhata.
It is the further case of the complainant that few years back consumer could book gas cylinder within 3 days for the next cylinder. Thereafter said booking time is extended to 15 days and now after booking it would take one month time to deliver next gas cylinder. If any objection is raised to them, they behave improperly and disclose that home delivery is to given after 40 days. They are also facing trouble at time of delivery of gas cylinder as after taking price of the gas cylinder beforehand 5/7/10 days times are given for delivery of gas cylinder but in some occasion gas cylinder is not delivered after waiting for long time.
It is the further case of the complainant that he submitted Aadhar Card Number to the O.P gas company and bank in due time on 27/12/2013. He took delivery of gas cylinder after paying Rs.1,111/-. But he could not get link and on 20-01-2014 complainant went to the office of the O.P gas company and came to know that due to increase of price of gas cylinder he had to pay extra Rs.225/- i/d he would not get subsidy. He was compelled to pay Rs.225/- and staff of O.P issue receipt in a plain paper putting his signature.
It is the further case of the complainant license of the O.P gas company is required to be cancelled for unfair trade practice by the O.P and the matter was brought to local S.D.O but in vain.
Hence, this case for his financial and mental harassment. Claiming totaling Rs.1,86,000/- including Rs.1,50,000/- for mental harassment.
The O.P gas company has contested the case by filing written version denying all material allegation of the complainant contending inter-alia the case is not maintainable and bad for defect of parties.
It is the specific case of the O.P that they are supplying gas cylinders to the customers as per supply made by Indian Oil Corporation Ltd. and the complainant has filed the present case on false and baseless allegation and the case is liable to be dismissed with heavy costs.
In the light of the facts and circumstances the following moot points came out for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer of the O.Ps as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.P any deficiency in service as alleged by the Complainant and are the opposite party liable in any way to compensate the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also perused entire Xeroxed/original documents in the record and heard argument of both parties.
Point No.1.
It appears from the Gas Consumer book issued by the O.p gas company to the complainant that the complainant is a consumer under the O.P and has been getting gas cylinder supply on payment of price of gas.
So the complainant is consumer of the O.P under C.P. Act, 1986.
Point No.2.
The office of the gas company is situated at Dinhata, Dist. Cooch Behar within jurisdiction of this Forum. Cause of action of this case also arises within jurisdiction of this Forum.
Valuation of the present case Rs.1,86,000/- i.e. far less than maximum limit of Rs.20,00,000/- of this Forum.
So this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
It is the case of the complainant that he is a consumer under the O.P gas company for supply of gas cylinder. Original Domestic Gas Consumer Card being No.4595 (Annexure-1 of the complainant) reveals that the present complainant Tarun Das is a consumer under the O.P, Baba Loknath Gas Company, Dinhata.
The O.P also has not denied that the complainant is a consumer under them.
It is the allegation of the complainant that few years back consumer could book gas cylinder within 3 days for the next cylinder. Thereafter said booking time is extended to 15 days and now after booking it would take one month time to deliver next gas cylinder. If any objection is raised to them, they beheave improperly and disclose that home delivery is to given after 40 days. They are also facing trouble at time of delivery of gas cylinder as after taking price of the gas cylinder beforehand 5/7/10 days times are given for delivery of gas cylinder but in some occasion gas cylinder is not delivered after waiting for long time.
It is also case of the complainant that if enquiry is made in respect of Gas Consumer books, Computers and registers and consumers are examined and watch is made in the counter then how the O.P gas company is disobeying the Govt. rules can be detected.
But we are confined regarding specific allegation of deficiency in service and cannot make any enquiry or inspection of the registers computers and gas books of the gas company after going there.
We find that regarding late delivery of the gas cylinder, it is the specific case of the O.P gas company that they are not responsible for late delivery. They are supplying gas cylinders as per supply made by Indian Oil Corporation Ltd.
We find that only Indian Oil Corporation can through light in the matter of late supply of gas cylinder and can say whether O.P gas company is responsible for late supply of gas cylinder or Indian Oil Corporation Ltd. itself is responsible for insufficient supply of gas cylinder to Distributors. But the Indian Oil Corporation Ltd. has not been made party to the case.
We further find that specific allegation against the O.P gas company by the complainant is that he submitted Aadhar Card Number to the O.P gas company and bank in due time on 27/12/2013. He took delivery of gas cylinder after paying Rs.1,111/-. But he could not get link and on 20-01-2014 complainant went to the office of the O.P gas company and came to know that due to increase of price of gas cylinder he had to pay extra Rs.225/- i/d he would not get subsidy. He was compelled to pay Rs.225/- and staff of O.P issue receipt in a plain paper putting his signature.
In support of his case regarding receiving Rs.225/- as extra by the complainant, he has filed the original money receipt regarding receipt of Rs.225/- by the O.P from him. The O.P has not denied the factum of receipt of Rs.225/-. It is the case of the O.P that due to increase of price of gas cylinder they took said extra money and has also filed Xerox copy of the same.
We find from the ‘Annexure-2’ of the O.P i.e. consumer details of the complainant, Tarun Das that said O.P received totaling Rs.1,336/- on 16-01-2014 i.e. Rs.1,111/- for price of gas and Rs.225/- for increase price of gas and it is also reveals that the complainant has got Rs.890.44/- and Rs.435/- totaling Rs.1,325.44/- as subsidy.
So, in no way it can be said that said amount of Rs.225/- was illegally received by the O.P.
The complainant has also filed some other documents regarding mass petition to S.D.O., Dinhata, dated 11-05-2008 and 10-08-2011 against the O.P gas company regarding late delivery of gas cylinder. We are not concerned with said mass petition.
Considering the facts and circumstances stated above and materials on record we are constrained to hold that the complainant has failed to establish any allegation of deficiency in service by the O.P gas company.
Accordingly, the case fails.
ORDER
Hence, it is ordered that,
The DF Case No.8/2014 be and the same is dismissed on contest without any costs.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member Member
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
