DATE OF DISPOSAL: 19.06.2020
Sri Purna Chandra Tripathy, Member.
The complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a consumer of M/s Utkal Indiane vide Gas Book Consumer No.5681820 of Indian Oil Corporation Ltd., Distributor office at Aska Road, Bramhapur Dist: Ganjam (O.P.No.1). The O.P. No.1 regularly harassing to the complainant to deliver the refill cylinder with the door step in time which leads mental agony for cooking of food and also collecting extra price by not mentioned in cash memo of distributor, in the name of door delivery, by violating the LPG control order as well as guidelines framed by Government for the protection of consumer welfare and rights. Due to deficiency in service of O.P.No.1, the complainant paying extra money for alternative arrangement for purchase of kerosene to cook food. There is no restriction for booking of domestic cooking gas but the O.P.No.1 never ensured supply of refill cylinder within stipulated period after booking and also refused to booking after 48 hours by framing his own rules with a malafide intention. The O.P.No.2 also not following the guidelines as a responsible officer of I.O.C.L, appointed at Bramhapur for the purpose of check the malpractice of a distributor but due to their own reasons by violating the gas control order and rules and regulation of Government which leads sufferings of common consumer and also complainant. The O.P.No.1 never sending the spring weighing machine meant for the purpose supplying by I.O.C.L/Dealer for correct weighment of refill cylinder at the time of delivery of door step of complainant and other consumer of our areas, when consumer demand and also in this case the complainant sustained monetary loss for less weight of cooking gas when protested by complainant to the O.P.No.1, he adamantly forced to take delivery of refill cylinder from his storage point/godown. The O.P.No.1 intentionally avoiding door delivery in prescribed time for his monetary benefits in way of transport charge and also diverting the domestic gas by selling in commercial rate in the open market in this case. The harassing attitude, negligent behavior and deficiency in service of O.P.No.1 & 2 in this case towards complaint by not following the guidelines of gas control order comes under the purview of Consumer Protection Act 1986. Thus the complainant suffered both mentally and financially for last three months. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay an amount of Rs.1000/- towards the compensation for unnecessary physical harassment and causing mental agony and an amount of Rs.1000/- towards cost of litigation in the best interest of justice.
3. Notices were issued to the Opposite Parties. But the O.Ps did not appear and file their written version on the date fixed as such the Ops are set exparte.
4. On the date of hearing we heard the complainant’s advocate as the O.Ps have already set exparte. We perused the complaint petition, written arguments and materials placed on the case record. The complainant has filed this complaint due to exploitation of delivery boy of the O.P.No.1. The said delivery boy is engaged by the O.P.No.1 to deliver the LPG cylinder refill and collect the empty cylinder from the house of the complainant as per contract agreed between the complainant and the Opp. Parties at the time of sanctioning of the LPG connection. Soon after the complainant booking the supply of refill LPG cylinder to his house, the delivery boy of the O.P.No.1 demanded extra amount to deliver the said refill else shown as house lock. Further, the O.P.No.1 also delivery the refill LPG delaying the days violating the LPG delivery time as fixed by the O.P.No.2 Company from time to time and also the O.P.No.1 also denied to the complainant for next booking as per statutory provision laid down by the Petroleum Ministry, Government of India. The Opposite Parties never allowed weigh the refill cylinder through the spring weighing machine at door of the complainant while delivering the refill and maximum time the O.P.No.1 forced the complainant to pick up the refill from the storage point even after receipt of all charges including delivery cost.
5. On foregoing discussion and taking the sole testimony of the complainant in to consideration we hold that there is deficiency in service on the part of the O.Ps.
6.In the result we direct the O.P.No.1 & 2 who are jointly and severally liable to pay compensation of Rs.1000/- (Rupees One Thousand) only as well as litigation cost of Rs.1000/- (Rupees One Thousand) only to the complainant within 60 days from receipt of this order. Further the Opposite Parties are directed to follow the rules framed by the Government of India to supply the gas refills to the complainant failing which all the dues shall carry 12% interest per annum.
9. The order is pronounced on this day of 19th June 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. Thereafter the file be consigned to record room.
