BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.300 of  2014

Date of Institution: 29-05-2014

Date of Decision: 23-06-2015  

Ravi Mohan aged 34 years, son of Sh.Roshan Lal, House No.17/2447, Main Bazar, Dhapai, Amritsar. 

Complainant

Versus

1. M/s.Mahajan Gas Agency, through its Proprietor/ Partner/ Manager, Authorized Signatory, Chhehrata Road, Near OCM Mill, Amritsar.
2. Bharti Gas C/O Prachi Gas Bottling Private Limited, through its MD/Director/ Chairman, Head Office, Behind Fine Living, Near Bangur Nagar Police Station, Motilal Nagar No.2, Odff Lind Road, Goregaon (W) Mumbai.
3. Bharti Gas C/O Prachi Gas Bottling Private Limited, through Branch Manager, Chandigarh Business center, Chamber No. 2 & 3, 2^nd Floor, SCO No. 2441-42, Sector No. 22C, Chandigarh-160022.
4. Bharti Gas C/O Prachi Gas Bottling Private Limited, through Regional Manager, Regional Office No. 71/1, Ist Floor, Shivaji Marg, Majafgarh Road (Opposite Harldiram) New Delhi-110015.    

Opposite Parties

Complaint under section 11, 12 and 13  of the Consumer Protection Act.

Present: For the Complainant: Sh.Sumit Sharma, Advocate

              For the Opposite Party No.1: Sh.Munish Kohli, Advocate.

              For the Opposite Parties  No.2 to 4: Given up.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Ravi Mohan under the provisions of the Consumer Protection Act alleging therein that the Opposite Parties have issued  a  gas connection of their concern in favour of complainant vide Consumer No.000568 at the residential address of the complainant. Complainant alleges that at the time of issuance of the said connection, the Opposite Party No.1 charged a sum of Rs.5600/- against one connection, one cylinder filled, one regulator and one pipe. As such, the Opposite Party illegally charged excess amount from the complainant at the time of issuing the aforesaid gas connection to the complainant, which they are liable to return to the complainant. Not only this, after issuance of gas connection as and when the booking for gas cylinder is made with the Opposite Party No.1, the Opposite Party No.1  charges excess amount per cylinder, rather the prescribed rate fixed by the government. As per the prescribed rate of per cylinder filling, the Opposite Party No.1 is required to charge Rs.435/-, but they are charging Rs.480/- to Rs.500/- per cylinder as on prior to 13.9.2013 which is also illegal. The complainant approached the Opposite Party No.1 for booking of the third cylinder filling, but to the utter surprise of complainant, the Opposite Party No.1 asked the complainant that the next filling of cylinder would cost Rs.990/-. Thereafter, as and when  complainant went to Opposite Party No.1, the employees deployed by the Opposite Party No.1 are not behaving properly and used rough language to the customers. The complainant got fed up from the aforesaid and illegal activities of the Opposite Party No.1  and asked the Opposite Party No.1 to disconnect his connection and to refund the amount paid by him, upon which they asked the complainant that he would be returned only Rs.2400/- on return of articles by him, whereas he has paid Rs.5600/- to the Opposite Party No.1 at the time of issuance of the connection. Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Parties to give regular supply to the complainant in terms of the gas connection issued by them as per norms and on prescribed rates or if the Opposite Party No.1 failed to supply regular service of gas cylinders, it may kindly be directed to refund the charged amount of Rs.5600/-.    Compensation and litigation expenses were also demanded.
2. On notice, Opposite Party No.1  appeared and filed written version in which it was submitted that the answering Opposite Party is a dealer and Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai  is a distributor of the Opposite Party No.1. As per the policy of the company, the price of refilling can be increased or decreased as per company policy as per market condition or LPG procurement prices as it is the private gas agency and no subsidy is granted by any Government or Non Government Organization and the charges of VAT and other taxes are also leviable. As per the policy of the company, the rate of refill  cylinder will be changed as per the market prevailing rates of material. Moreover, as per the policy of the company, Prachi Gas Bottling Private Limited, will refund an amount of Rs.2400/- if the consumer of the Opposite Party No.1 wishes to surrender the gas connection within the prescribed period of 18 months and if the consumer of Opposite Party No.1 wishes to surrender the gas connection after the period of 18 months, then Prachi Gas Bottling Private Limited, will refund an amount of Rs.800/- and any other things like regulator, pipes, etc. will not be refundable.  While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite Parties  No.2 to 4 were given up by order dated 7.7.2014 and 6.8.2014  respectively of this Forum in view of the statement of the complainant.
4. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C9 and closed the evidence on behalf of the complainant.
5. Opposite Party No.1 tendered into evidence affidavit of Diya, Manager Ex.OP1/1 alongwith documents Ex.OP1/2 to Ex.OP1/6 and closed the evidence on behalf of the Opposite Party No.1
6. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
7. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant obtained LPG gas connection from Opposite Party No.1 on 13.09.2013 vide consumer No.000568. The complainant alleges that Opposite Party No.1 received a sum of Rs. 5600/- against one connection, one cylinder filled, one regulator, one pipe, security, etc. Complainant alleges that Opposite Party No.1 is also charging excess amount for cylinder refill. The Opposite Party No.1 is required to charge Rs.435/- per refill, but they are charging Rs.480/- to Rs.500/- per refill. Now the  Opposite Party No.1 told the complainant that the next filling of cylinder would cost Rs.990/-. The complainant raised protest, but the Opposite Party No.1 was not ready to give the refill of gas cylinder to the complainant at the prescribed rate. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the Opposite Parties. The complainant approached the  Opposite Party No.1 for disconnection of his gas connection and for the refund of the amount paid by the complainant, then the complainant was told that he would be returned only Rs.2400/- as security, whereas the complainant has paid Rs.5600/- to the Opposite Party No.1 at the time of issuance of the gas connection.      
8. Whereas the case of the Opposite Party No.1 is that Opposite Party No.1 is dealer and Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai is distributors of the LPG.  As per the policy of the company the price of refilling can be increased or decreased as per company policy and as per market condition as it is the private gas agency and no subsidy is granted by any Government or Non-Government Organization. Apart from this charges of Vat and other taxes which also leviable as per the policy of the company Prachi Gas Bottling Private Limited, Prachi Gas Bottling Private Limited will refund an amount of Rs. 2400/- if the consumer wishes to surrender the gas connection within a period of 18 months and not the Opposite Party No.1. Opposite Party No.1 is giving regular and proper gas supply to the complainant and other consumers as and when they book the refill  with the Opposite Party No.1. Ld.counsel for Opposite Party No.1 submitted that there is no deficiency of service on the part of the Opposite Party No.1 qua the complainant.
9. From the entire above discussion, we have come to the conclusion that complainant got LPG connection vide Consumer No. 000568 from Opposite Party No.1 and Opposite Party No.1 issued pass book Ex.C3 and as per the complainant version, he paid Rs.5600/- to the Opposite Party No.1. This amount of Rs.5600/- charged from the complainant by the Opposite Party No.1 include Rs.2400/- as security, gas refill charges, regulator charges, pipe charges, pass book charges and other service commission, etc. of Opposite Party No.1. In the Passbook Ex.C4 it has been clearly mentioned that the security charges are Rs.2400/- which only are refundable whenever the consumer surrenders the gas connection. The complainant could not produce any evidence that  Opposite Party No.1 has assured that they will provide the gas cylinder refill to the complainant at the rate  Rs.435/- per refill for all times to come.    As per the policy of Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai who are the distributors of the LPG,  the price of refilling can be increased or decreased as per market conditions and Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai has increased the price of refill as per market rate/condition as they have also to pay VAT and other taxes on cylinder of gas to the Government. Moreover, it is a private gas distribution company, no subsidy is being provided  by Government or Non Government Organization. The complainant has failed to prove on record that Opposite Party No.1 has assured the complainant that Opposite Party No.1 would provide  the gas cylinder refill to the complainant at the rate  Rs.435/- per refill for all times to come. Not only this, the Opposite Party No.1 has provided alongwith one filled cylinder, regulator, pipe, pass book, etc. cost of which is already included in the total amount of Rs.5600/- paid by the complainant to Opposite Party No.1 at the time of taking the LPG connection. Even in the Pass Book Ex.C4, it has been clearly mentioned that security is Rs.2400/- only. So, if the complainant wants to surrender the gas connection, the Opposite Party No.1 is liable to  refund the amount of Rs.2400/- to the complainant only on receipt of empty gas cylinder. Plea of the Opposite Party No.1 that the security amount is to be refunded by Prachi Gas Bottling Private Limited, to the complainant is not tenable because there is no prvity of contract between the complainant and Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai. It is the Opposite Party No.1 who has entered into a contract with the complainant and has charged this amount of Rs.2400/- from the complainant and further  deposited the same with Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai. So, it is the duty of Opposite Party No.1 to refund the amount of security to the complainant as and when complainant surrenders the gas connection and deposits the empty gas cylinder. However, Opposite Party No.1 can recover this amount from Prachi Gas Bottling Private Limited, Goregaon (W), Mumbai.
10. Resultantly, this complaint is disposed of with the order that if the complainant wants to  surrender the gas connection, he shall submit cancellation request to the Opposite Party No.1 and the Opposite Party No.1  shall refund Rs. 2400/-  i.e. the amount of security, to the complainant. However, Opposite Party No.1  can claim this amount from Prachi Gas Bottling Pvt.Ltd.  Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.  Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 23-06-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member