Date of Filling : 30.10.2013.
Date of Disposal : 01.04.2016.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.
PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M., … PRESIDENT
TMT. S. SUJATHA, B.Sc., … MEMBER - I
Consumer Complaint No.58/2013
(Dated this Friday the 01st day of April 2016)
K. Rosammal,
W/o. Kannappan,
No.48, Sakthi Kovil Street,
Edayanchavadi Village,
Manali New Town,
Chennai – 600 103. … Complainant.
/ Versus /
1. The Manager,
Indian Oil Corporation Limited,
No.500, Anna Salai,
Teynampet,
Chennai – 600 018.
2. M/s. Subam Gas Agencies,
Rep. by its Proprietor,
Manali New Town,
Chennai – 600 103. … Opposite parties.
This complaint is coming upon before us finally on 18.03.2016 in the presence of Thiru. S. Angamuthu, Counsel for the complainant, Thiru. P.S. Sivasubramaniam, Counsel for the 1st opposite party and Thiru. A.R. Poovannan, Counsel for the 2nd opposite party and upon hearing arguments of both sides and having perused the documents and evidences of both sides, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the 1st & 2nd opposite parties for seeking relief to pay a sum of Rs.80,000/- towards compensation for mental agony and deficiency of service caused by the 1st & 2nd opposite parties and to pay a sum of Rs.5,000/- towards transportation expenses incurred by the complainant with cost Rs.5,000/-.
- The brief averments of the amended complaint is as follows:-
The complainant had registered for domestic gas connection with the 2nd opposite party on 20.09.1994 vide Enrollment no.7999 to ease out her cooking difficulties and to save environment by stopping usage of firewood. Based on the complainant’s seniority in registration with the 2nd opposite party for want of domestic gas connection, the 1st opposite party had called the complainant. The 1st opposite party on verification of the complainant in person at their office directed the complainant to approach the 2nd opposite party for domestic gas connection and accordingly the complainant approached the 2nd opposite party and availed single gas domestic connection on 11.01.2000 had been allotted consumer No.22456.
2. After subscribing the single cylinder domestic connection the 2nd opposite party have been supplying the load cylinder based on seniority in registration for want of load cylinder. After issuance of single gas connection the 2nd opposite party’s technician inspected the usage of service connection on 29.05.2007, 24.12.2009 and 02.09.2012 and certified that usage is in order. The 2nd opposite party had not regular in making entry in consumer’s pass book and had delayed in supply of cylinder within time as noted by staffs in pass book. The complainant approached the 2nd opposite party in the month of August 2012 and requested to issue additional cylinder to smoothen the relationship as a consumer and with a view to regularize the availability of gas.
3. That to her utter shock and dismay the 2nd opposite party had orally informed that already additional empty cylinder sanctioned and allotted against the complainant’s consumer number. On such reply from the 2nd opposite party, the complainant witnessed her family card and consumer book explained the usage of singly cylinder as referred in respective columns of documents. Contra, the 2nd opposite party not even given any reply to the complainant’s plea and rejected the same without verifying in due manner.
4. The 2nd opposite party has neglected and refused to furnish the date of allotment and delivery of additional cylinder and to whom the alleged additional cylinder had delivered and the 2nd opposite party had been used to prolong to furnish details of delivery of additional cylinder. Lastly in the first week of March 2013, the 2nd opposite party orally rejected to disclose anything about the delivery of additional cylinder for the reasons best known to them.
5. Then the complainant sent the legal notice dated 20.03.2013 to the opposite parties and they had received the same and had acknowledged. The complainant neither received the reply notice nor delivered additional cylinder. The 2nd opposite party wantonly delaying to issue additional cylinder and thereby caused severe mental agony for the past 12 months. Under such circumstances the refusal by keep silence for the additional cylinder to the complainant is resulted deficiency in service and biased manner and having been put to untold hardship, irreparable loss and mental agony. Hence, the complaint.
6. The contention of the written version of the 1st opposite party is brief as follows:-
The complaint is false, frivolous, vexatious and unsustainable either in law or on facts. The 1st opposite party denies all the averments that are contained in the complaint filed by the complainant except those that are specifically admitted hereunder. The complainant has registered for a new connection on 20.09.1994 with the 2nd opposite party. According to the seniority list for the new connection, the 2nd opposite party released the new connection to the prospective consumer. Thereby the complainant has got the new gas connection on 11.02.2000 in consumer no.22456 vide subscription Voucher no.6820710. It is incorrect to say that the 1st opposite party called upon the complainant for verification of the complainant in-person at their office, later directed the complainant to approach the 2nd opposite party for availing new connection. It is pertinent to say that the 1st opposite party never called upon the prospective consumer before releasing the new connection.
7. As per the record that the complainant receive one connection with additional cylinder on the date of new connection. The 1st opposite party denies the allegation that the complainant was sanctioned with only one cylinder and the complainant is put to very strict proof of the same. As per guild-line, the delivery boy has to supply the cylinder to the consumer at the respective home and the same has to be entered in the pass book, if it is furnished by the consumer. On enquiry with the 2nd opposite party it is found that the said procedure is duly complied by them.
8. As per the record maintained by the 2nd opposite party, it is found that the complainant was sanctioned with two cylinders at the time of original allotment itself and the complainant itself paid the deposit for the two cylinders and received the same by affixing her left Thumb impression (LTI) on 11.01.2000. The claim made by the complainant is not bonafide and exorbitant and the complaint is totally devoid of merits. The complainant has not approached this Forum with clean hands and she is not entitled to get any relief as prayed for. Hence this complaint is liable to be dismissed.
9. The contention of the written version of the 2nd opposite party is brief as follows:-
The 2nd opposite party denies all the allegations made in the complaint except which are all admitted herein. It is true that the complainant had registered for domestic gas connection with the 2nd opposite party on 20.09.1994. It is true that the complainant was sanctioned with domestic gas connection on 11.02.2000 in Consumer No.22456 vide subscription Voucher no.6820710. The 2nd opposite party strongly denies the allegation that the complainant was sanctioned with only one cylinder and the complainant is put to very strict proof of the same.
10. The technician from the office of the 2nd opposite party inspected the usage of service connection on 29.05.2007, 24.12.2009 and 02.09.2012 and certified that the usage is in order. The above said inspections were routine and it has no special significance except to verify the proper usage of the gas connections and the status of the equipment. Further, the 2nd opposite party’s staffs had not regular in entering in the consumer pass book and had delayed in supply of cylinder within time as noted by staffs in the pass book.
11. Further, the cylinders were supplied to the consumers by the delivery boys at their respective homes and the same will be entered in the consumers pass book only if it is furnished to the delivery boys. Thus the allegations that the cylinders were not supplied in time and the same was not entered regularly were invented by the complainant for the purpose of this case. The 2nd opposite party strongly denies the allegation that the complainant approached the 2nd opposite party in the month of August 2012 and requested to issue an additional cylinder to smoothen the relationship as a consumer and with a view to regularize the availability of gas. In fact, the complainant was originally sanctioned with two cylinders as on 01.11.1999 and the complainant had paid the deposit of a sum of Rs.1,900/- i.e. Rs.900/- for each cylinder and Rs.100/- for the regulator on 11.01.2000 itself. Thus the allegation that the complainant requested for an additional cylinder only on August 2012 is highly imaginary and false.
12. The allegation made in para. no.5 of the complainant were invented by the complainant to make out the present case. When the complainant herein during the year 2012 made a request for the additional cylinder and on verification of with the records of the 2nd opposite party, it is found that the complainant was already sanctioned with two cylinders. That on the subsequent visit by the opposite party’s staffs on 02.09.2012, they found that only one cylinder is available with the complainant and the complainant is unable to give any proper explanations about the another cylinder. The 2nd opposite party staffs then informed the complainant and told her to contact the office immediately.
13. The reasons best known to the complainant in respect of the additional cylinder is not available with her. The complainant in order to escape any action from the 2nd opposite party and taking advantage of some incomplete records wanted to get another cylinder. The claim by the complainant is not bonafide. The complainant has not approached this Forum with clean hands. Hence, this complaint is liable to be dismissed.
14. In order to prove the case on the side of the complainant, the proof affidavit submitted for his evidence and Exhibit A1 to A7 were marked. While so, on the side of the 1st opposite party, the proof affidavit is filed and no document is filed and on the side of the 2nd opposite party, the proof affidavit is filed and Ex.B1 & Ex.B2 were marked.
15. At this juncture, the point for consideration before this Forum is:-
- Whether there is any deficiency of service on the part of the opposite parties as alleged in the complaint?
- To what other reliefs, the complainant is entitled to?
16. Written arguments filed and oral arguments also adduced by both sides.
17. Point no.1:-
According to this case, the complainant had approached the 2nd opposite party in the month of August 2012 with request that the 2nd opposite party had orally informed that already an additional empty cylinder sanctioned and allotted to the complainant’s consumer number. But in fact, the same was not actually issued. While so, the 1st opposite party contended that as per the available records, the complainant had already received one connection with additional cylinder even on the date of new connection and the same fact has been on par with records maintained by the 2nd opposite party and therefore, the allegation made in the complaint is totally devoid of merits. Such being so, the 2nd opposite party would content that the complainant was sanctioned with an additional cylinder at the time of original allotment itself and the complainant herself paid the deposit for the two cylinders and received the same and also using the same. While so, the inspection held by the opposite party’s staff on 02.09.2012, it is found that only one cylinder was available with the complainant and she is unable to give any proper explanation about the other cylinder for the reason is best known to the complainant only and in order to escape any action from the opposite parties, by taking advantage of some incomplete records, with intention to get another cylinder, the complainant has filed this complaint, which clearly shows that she has approached this Forum without clean hands.
18. At the outset, this Forum has to consider as to whether the complainant has proved the allegations made in the complaint by means of relevant and consistent evidence before this Forum. On careful perusal of the proof affidavit submitted by the complainant, it is stated that the Consumer number alleged as 22456 and to the effect Ex.A1 Consumer Pass Book has been issued, which contains the number of cylinders deposited is only one. Furthermore, it is narrated that when the 2nd opposite party’s technician inspected the usage of service connection on 29.05.2007, 24.12.2009 & 02.09.2012 it is found that the number of cylinders available in the residence of the complainant is only one. In order to prove the same Ex.A2 & Ex.A3 are marked pertaining to the dates 29.05.2007 and 24.12.2009. But no such inspection report produced for the date 02.09.2012 which was mentioned by the complainant.
19. Furthermore, it is stated by the complainant as per Ex.A7, Ration card, it denotes the number of cylinders is as one and from the above facts it is stated that the complainant has proved that she was supplied only one cylinder by the opposite parties. It is further learnt from the proof affidavit of the complainant is that when the 2nd opposite party has originally refused to supply additional cylinder to the complainant, had Ex.A4, legal notice to the opposite parties and the same were acknowledged by them. The acknowledgment cards are marked as Ex.A5 & Ex.A6 respectively.
20. In such circumstances, in order to disprove the case of the complainant, it is stated by both the opposite parties through their respective proof affidavit that the allegations made in the complaint are all fully false and denied and in fact even at the time of sanctioning gas connection on 11.02.2000 on the registration already made by the complainant with the opposite parties on 20.09.1994 as per the seniority basis by assigning the Consumer no. 22456 and to that effect, the voucher issued bearing no.6820710 which is marked as Ex.B2. It is further stated that from Ex.B2, it is clearly noted that the complainant has paid Rs.900/- each for the two cylinders and Rs.100/- for the regulator in total of Rs.1,900/- which clearly shows that the gas connection was sanctioned along with an additional cylinder. The Ex.B2 was issued by the 2nd opposite party and regarding this the 1st opposite party issued the termination voucher bearing no.1412882 which also contains the sanction of two cylinders and in this respect also the complainant has paid the deposit of Rs.1,900/- for the two cylinders along with the regulator . The said voucher has been marked as Ex.B1 .
21. It is further stated by the opposite parties that the mentioning of one cylinder in Ex.A3 & Ex.A4 is pertaining to the fact that at the time of inspection made by the opposite parties, it is found that only one cylinder is available with the complainant instead of two cylinders and not given any proper explanation about the non availability of the additional cylinder. Similarly, on 02.09.2012 the staff of the opposite parties found that only one cylinder is available with the complainant and the complainant not given any valid reason and therefore, it is crystal clear that in order to escape from the action from the opposite parties, the complainant has filed this complaint. Hence, it is not correct to say that the complainant has approached the 2nd opposite party in the month of August 2012 and requested for the issue of an additional cylinder. Moreover, in spite of the petition filed before this Forum by the opposite parties the complainant failed to furnish the original family card and the original voucher issued to the complainant which itself clearly shows the fraudulent intention behind the screen of filing of this complaint and not approached this Forum with clean hands.
22. At this juncture, on careful perusal of the rival submissions put forth on either side, regarding the fact that the complainant is a consumer of the 2nd opposite party utilizing the gas connection from the 2nd opposite party from 11.02.2000 in consumer no.22456. It is further noticed that as per Ex.A1 & Ex.A7 it is no doubt that it is mentioned about only one cylinder with the complainant. In such circumstances, on carefully seeing Ex.B1 & Ex.B2 with naked eye, that the copy of the vouchers issued by the opposite party nos.2 & 1 respectively which clearly denotes the fact that the complainant had paid Rs.900/- each for two cylinders and Rs.100/- for the regulator by total of Rs.1,900/- at the time of sanctioning of gas connection in consumer no.22456 and in the said vouchers, on acceptance the complainant had affixed her Thumb impression in both the vouchers.
23. At the outset, during argument, the learned counsel for complainant would submit that both the vouchers have been created only for the purpose of the case which cannot be sustainable. At this point of time, the burden of proof is only on the shoulders of the complainant to disprove the same by producing the original vouchers which are very well available with the complainant. But she has failed to do so. It clearly shows that the complainant has not come forward before this Forum with clean hands having an intention to suppress the real facts as rightly pointed out by the opposite parties. Furthermore, this Forum wants to enlighten that even for arguments sake, if it is taken that the allegation made in the complaint is true, the complainant ought to have questioned about the non allotment of additional cylinder even in the initial stage that is on 11.02.2000 itself in which date she had paid the full amount for the two cylinders. But per contra after making inspection from the opposite parties and to find out the non availability of additional cylinder, the attitude of the complainant in filing this complaint belatedly which clearly shows that the contention raised by the opposite parties hold good. At this point of time, mere the entries found and not regularly made in Ex.A1 and the incomplete entry in Ex.A7 Ration card are not sufficient to conclude that the additional cylinder was not allotted by the opposite parties. It certainly needs further evidence to prove the same. It is pertinent to note that the Ex.A7 was subsequently reissued with a new book in the year 2005. But in fact, no such concrete, cogent and believable evidence on the side of the complainant. In other aspects also, there is no believable evidence available on the side of the complainant.
24. In the light of above facts and circumstances of the case and the documents produced on either side it is crystal clear that the complainant has not proved the allegations made in the complaint and in connection with the deficiency of service also not proved against the opposite parties. Thus, point no.1 is answered accordingly.
25. Point no.2:-
As per the conclusion arrived in point no.1, the complainant is not entitled for any relief as prayed in the complaint and answered this point accordingly.
26. In the result, this complaint is dismissed. No cost.
Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 01st April 2016.
Sd/-**** Sd/-****
MEMBER - I PRESIDENT
List of documents filed by the complainant:-
Ex.A1 | 11.01.2000 | Consumer Pass Book | Xerox copy |
Ex.A2 | 29.05.2007 | Usage manual and Inspection Report | Xerox copy |
Ex.A3 | 24.12.2009 | Usage manual and Inspection Report | Xerox copy |
Ex.A4 | 20.03.2013 | Legal notice issued by the complainant through counsel to the opposite parties | Xerox copy |
Ex.A5 | | The acknowledgement card of the 1st opposite party for the receipt of the legal notice | Xerox copy |
Ex.A6 | | The acknowledgement card of the 2nd opposite party for the receipt of the legal notice | Xerox copy |
Ex.A7 | | Family card | Xerox copy |
List of documents filed by the 1st opposite party:-
Nil.
List of documents filed by the 2nd opposite party:-
Ex.B1 | 04.11.1989 | Indane Customer Termination Voucher | Xerox copy |
Ex.B2 | 11.01.2000 | Voucher issued by the opposite party for new gas connection | Xerox copy |
Sd/-**** Sd/-****
MEMBER - I PRESIDENT
