BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 22 of 2015                                                                

                                                         Date of Institution         :    27.1.2015

                                                          Date of Decision   :    6.10.2016.

Yogesh Jain son of Shri Niranjan Lal, resident of Ward No.13, Model Town, Kalanwali, District Sirsa.

                      ……Complainant.

                             Versus.

1. M/s Karan Gas, Kalanwali, District Sirsa, through its Proprietor.

2. Bharat Petroleum Corporation Ltd., Hisar LPG Territory, 54, Dhansu Road, Hisar, District Hisar, through its Territory Manager (LPG).

                                                                         ...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI S.B.LOHIA…………………PRESIDENT

                  SHRI RANBIR SINGH PANGHAL ………..……MEMBER.        

Present:       Sh.H.S.Aulakh,  Advocate for the complainant.

Sh.S.D.Sharma, Advocate for the opposite parties.

                   ORDER

                    Case of complainant in brief, is that he is the consumer of ops vide LPG connection No. 0000083 since 2012 and he has been getting supply of gas cylinders at his address. The complainant at the time of getting gas connection and even thereafter, as per requirement of the ops submitted his credentials i.e. proof of his I.D. in the shape of ration card, voter ID card etc. to the ops and thereby got confirmed his valid I.D from time to time. The op no.1 has made endorsements of verification of such documents on the refill book in this regard. The last such verification of documents was endorsed by the op no.1 on 21.1.2013 and 5.10.2013, as is clear from the refill book. The complainant had booked for a refill of cylinder with op no.1 through SMS on 25.8.2014 and he was allotted booking No.232560447 but no refilled cylinder was supplied to the complainant. On inquiry, the op no.1 demanded the above documents and also Rs.200/- as cost of refill book. The complainant then told the op no.1 that he has already submitted above documents, which fact has been endorsed on his refill book but op no.1 refused to supply the cylinder till submission of the copies of above documents and payment of cost of new refill book. The op no.1 has been demanding such documents from the complainant on every refill booking and always put pressure upon him to get issued the new refill book on payment of Rs.200/-. Whenever complainant raised a protest with op no.1 in this regard, the op no.1 used to misbehave and insult the complainant and he was always threatened that in case he will not supply such documents as per demand, then the supply of gas cylinders will be stopped. On 13.9.2014, the area Sales Manager of op namely Pawan Kumar had visited op no.1 at Kalanwali for hearing the grievances of customers of op no.1 to whom the complainant told his grievances but he also did not listen him, rather misbehaved with him and stated that he have to follow the instructions of op no.1. The complainant sent written complaints to op no.2 and other officers of company, Deputy Commissioner, Sirsa and sent such complaints through registered post. The op no.2 vide its reply dated 27.10.2014 suggested for supplying the above documents to op no.1 and issued an advisory to op no.1 for proper behaving with the customers. The act and conduct of ops amounts to deficiency in service and they have caused unnecessary harassment to the complainant. Hence, this complaint for a direction to the ops to ensure the regular supply of refilled cylinders and to pay a sum of Rs.50,000/- as compensation for harassment etc. and Rs.10,000/- as litigation expenses.

2.                On notice, opposite parties appeared and filed written statement wherein it is replied that complainant has not deposited the required documents as demanded by the ops, which are very much necessary for the continue supply of the refilled cylinders as per instructions of the department but inspite of supply of the same, the complainant is unnecessarily moving false applications to the authorities. Remaining contents of the complaint have been denied.

3.                The complainant has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C24. On the other hand, ops tendered affidavit of Harmail Singh, General Manager of op no.1 as Ex.R1.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                According to the complainant, the complainant had booked for supply of refilled gas cylinder with op no.1 through SMS on 25.8.2014 but no refilled cylinder was supplied to him and op no.1 is demanding documents and Rs.200/- as cost of new refill book on every time of booking despite the fact that documents have already been supplied to op no.1 and there is no need for issuance of new refill book. The opposite parties have not placed on file any document to show that refilled gas cylinder has been supplied to the complainant after booking made by him on 25.8.2014 rather have averred that complainant has not deposited the required documents as demanded by ops but this assertion is not correct because copies of ration card and voter card have already been supplied by the complainant to the ops and it has been mentioned in the refill book by the official of the op no.1 for two times that KYC is OK. The complainant has moved various applications to the dignitaries of Haryana Govt. including Petroleum Minister, Central Govt. and local administration and also to the Officers of the op no.2 in this regard as is evident from copies of applications placed on file but his grievances were not redressed by the ops rather op no.2 vide letter dated 27.10.2014 and 10.11.2014 suggested the complainant to visit to op no.1 for submission and verification of documents despite the fact that documents have already been submitted to the op no.1 as proved on record. So, the opposite parties are deficient in service.

6.                Keeping in view the facts and circumstances of the present case, we allow the present complaint and direct the opposite parties to regular supply the refilled gas cylinders to the complainant as necessary documents have already been submitted by him. We also direct the opposite parties to pay a sum of Rs.10,000/- as compensation to the complainant for his harassment and Rs.2000/- as litigation expenses. This order should be complied by the ops jointly and severally within a period of one month, failing which complainant will be entitled to interest @9% per annum on the above said amount from the date of filing of present complaint till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance. 

Announced in open Forum.                                           President,

Dated: 06.10.2016.                   Member.             District Consumer Disputes

                                                                             Redressal Forum, Sirsa.