Orissa

Sambalpur

CC/7/2017

Hemanta Patel - Complainant(s)

Versus

M/s Munda Gas Service - Opp.Party(s)

Sri. K.K. Patel

27 Jun 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 7/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Hemanta Patel,

S/O- Late Rajkumar Patel

R/O-Modipara, Near P.K.Park, PO-Modipara,

PS-Town, Dist- Sambalpur, Odisha.                                       …..Complainant

 

Vrs.

1. M/s Munda Gas Services, Indian Distributor,

At-S.R.I.T Market, PO/Dist-Sambalpur.

2. Indian Oil Corporation Ltd.

At-A/4, Chadrasekharpur,, Bhubeneswar-751024

3. Indian Oil Corporation Ltd.

Indian Oil Bhavan, G-9, Ali Yavar Jung Marg,

Bandra(East), Mumbai,

Maharastra-400051

Counsels:-

1. For the Complainant      :-Sri. K.K.Patel, Advocate & associates
2. For the O.P.s                    :- Sri. A.K.Sharma & D.Thakur, Advocate & associates

 

DATE OF HEARING : 25.04.2022, DATE OF JUDGEMENT :27.06.2022

Sri. Sadananda Tripathy, MEMBER

1. The Complaint of the Complainant case is that the Complainant is one of the regular Consumer of O.P. No.1 bearing Consumer No. CX20532547 and the O.P.No.1 is the LPG distributor and agent under the guidance and control of O.P. No.2 and O.P. No.3. The Complainant booked for refill of gas, which was registered with Ref. No. 308971 on dtd 28/10/2016 which was informed to the Complainant on his mobile bearing No. 8984047915 by mobile on dtd 28.10.2016 and expected days of delivery of gas was 11 to 13 days and on dtd 19.11.2016 a message was sent to Complainant’s mobile that case memo No. 3000049579 of amount Rs. 592.5 was generated for booking No. 308971 and it would be delivered shortly but no gas was delivered to the Complainant. On dtd 28.11.2016 a message was sent to the Complainant’s mobile that an amount of INR 139.16 has been credited to his account being the LPG subsidy remitted by 10CL but neither the Complainant made any payment for gas nor he received refilled gas cylinder for booking No. 308971 dt. 28.10.2016. The Complainant informed the matter to the O.P. No.1 but he did not hear him so the Complainant sent an notice through his Advocate on 12.12.2016 to deliver the gas to the Complainant within 15 days but the O.P. No.1 did not deliver gas to the Complainant after those 15 days after receiving Advocate’s notice.

Then again the Complainant booked for refill of gas, which was informed to the Complainant on his mobile bearing No.8984047915 by mobile on dt. 20/12/2016 and expected days of delivery of gas 6 to 8 days and on dtd. 5/1/2017 a message was sent to Complainant’s mobile that an amount of Rs. 191.51 has been credited to his account being the LPG subsidy remitted by 10CL and this time also neither the Complainant made any payment for gas nor he received refilled gas cylinder for booking No. 313977 on dtd. 20/12/2016. As per the written version in the complaint petition, the Complainant visited to the O.P. No.1 for eleven times within two months and due to deficiency of service of the O.Ps, the Complainant suffers harassment, mental agony and loss in his business.

2. The written version of the O.P No. 2 & 3 i.e. Indian Oil Corporation Ltd. is that Indian Corporation Ltd. carries on business in liquefied Petroleum Gas hereafter referred to as LPG and the O.P. No.1 is its distributor for sale of the Corporation’s LPG(Known as ‘Indane’) in cylinders only for household and other consumers at Sambalpur. The O.P. No.1 is appointed as distributer of the corporation on principal to principal basis for sale of Indane Cylinders on the basis of an agreement for distributorship of Indane cylinder executed between the Indian Oil Corporation Ltd. and the O.P. No.1(M/S Munda Gas Service). As per it’s version and customer’s records available from the data base maintained in their office of the O.P. it reveals that a booking dtd 28.10.2016 was made with booking No.2000028731 for which delivery was made on 18.11.2016 vide Cash memo No. 3000049579. There also an amount of Rs. 139.16 was credited to the limited account under the DBTL Scheme. It is not within the knowledge of the officers of the O.P. No.2 & 3 as to whether the gas cylinder was in fact delivered to the consumer or not. Also as per the Customer’s records available from the data base maintained in the office of the O.P. a booking dtd. 20.12.2016 was made with booking No. 2000034025 for which delivery was made on 28.12.2016 vide cash memo No. 3000053708 and subsidy amount of Rs. 191.51 for the said booking was settled on 07.01.2017.

Accordingly issues are settled,

1. Is the Complainant is the Consumer of the O.Ps?
2. Is there any deficiency of service in part of O.Ps?
3. Whether the Complainant is entitled for get any relief?

ISSUE NO.1: Is the Complainant is the Consumer of the O.Ps?

                   The Complainant is one of the regular consumer of O.P.No.1, bearing consumer No. Cx20532547 who is LPG distributor and agent under the guidance and control of O.P. No.2 & 3.

ISSUE NO.2 Is there any deficiency of service in part of O.Ps?

                   The Complainant booked for refill of gas two times Ref. No. 308971 dtd 28.10.2016 and Ref. No. 313977 dtd. 20.12.2016 but no gas was delivered by the O.P. No.1 to the Complainant. In the delivered by the O.P. No.1 to the complaint. In the other hand in the office record of O.P.No.2 & 3 the gas was showed delivered and the subsidy has been credited in the account of the complaint. So the O.P. No.1 is only liable for deficiency of service.

ISSUE NO.3 Whether the Complainant is entitled for get any relief?

                   The Complainant is fully entitled for get reliefs what he claim in his complaint petition as the O.P.No.1 is liable for the deficiency in service.

                   So order is pronounced accordingly.

ORDER

                   The complaint petition is allowed on merit. The O.P. No.1 is directed to pay Rs. 592.50P for non supply of gas cylinder to the Complainant in time. Compensation of Rs. 50,000/- towards deficiency of service, mental agony and physical harassment to the consumer. Further directed to pay Rs. 5000/- towards litigation cost within 30 days from the date of this order, failing which the amount will carry interest @ 10% per annum till realization.

                   Order pronounced in the open court on this 27^th day of June 2022.