DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA<br /> CC.No.85 of 22-02-.2010<br /> Decided on 04-08-2010<br /> <br /> Ravipal Singh aged 30 years son of Daljit Singh working as S.S.A. in Shift A-II, Operation circle, GHTP, Lehra Mohabat, Distt. Bathinda and residing at Kothe Pipli Wale, (Lehra Mohabat) District Bathinda.<br /> ......Complainant<br /> Versus<br /> 1. M/s GNDTP Stage III Gas Agency, Lehra Mohabat, Distt. Bathinda through its President/General Secretary.<br /> 2. Bharat Petroleum Corpn Ltd., through Shri Kamaljit Singh Divisional Retail Sales Manager, Ind Growth Centre, Jassi Pau Wali, Bathinda.<br /> .......Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection Act, 1986.<br /> <br /> QUORUM<br /> <br /> Smt. Vikramjit Kaur Soni, President.<br /> Dr. Phulinder Preet, Member.<br /> Sh. Amarjeet Paul, Member.<br /> <br /> Present:-<br /> For the Complainant : Sh.Ajay Kumar, counsel for the complainant.<br /> For Opposite parties : Sh.Abhey Singla, counsel for opposite party No.1.<br /> Sh.J.D.Nayyar, counsel for opposite party No.2.<br /> <br /> ORDER<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT:-<br /> <br /> 1. In brief, the facts of the complaint are that the complainant is a permanent employee of the Punjab State Electricity Board and serving as S.S.A. and presently posted at GNDTP at Lehra Mohabat. Previously the complainant was posted at GNDTP, Bathinda and was having LPG gas connection vide consumer No.04271 with GNDTP Co-op. Gas Agency, Shop No.3, Thermal Colony, Bathinda (Indane gas agency) and SV No.1207054 dated 09.11.2004 for last five years. When he transferred to Lehra Mohabat, he got Termination voucher No.21103940000033 dated 08.05.2009 for transferee Distribution Lehra Mohabat and submitted the said termination voucher in duplicate with the opposite party No.1 for issuing the gas connection. The opposite party issued letter No.1008/SD L-55 dated 20.05.2009 requiring the complainant to produce office order of house allotment and house occupation but the complainant represented that he is living in his own house at Lehra Mohabat alongwith family and so he did not need Board accommodation. After this, the opposite party No.1 issued letters No.49/GA-16 dated 14.09.2009 and 47 GA16 dated 26.11.2009, ignoring the claim of the complainant on the ground that he is not living in Board accommodation. The complainant alleged that the Board has accommodated at Lehra Mohabat colony for 717 employees, while the opposite party No.1 has issued 888 connections, meaning thereby that 171 have been issued to those who are not living in Board accommodation. He further alleged that several connections are issued in the name of persons who are not employee of the Punjab State Electricity Board and as per policy of the Oil companies, every gas agency is to give connections to the people living within radius of 25 Kms. The opposite party No.1 is working in the name of GNDTP and its parent body i.e. GNDTP Cp Gas Agency, Thermal colony, Bathinda has issued connections to persons/employees living in the city or nearby villages. The complainant required the LPG connection for his domestic use and alleged that the complainant have compelled to use other fuels like wood and kerosene and with the smoke of there fules, his wife has suffered Asthama attacks and is under treatment and she also feels irritation in the eyes. He claimed for relief as to release the domestic connection and Rs.80,000/- as compensation for mental agony, damage and cost for health of Ravi Preet Kaur wife of the complainant besides this, cost of litigation expenses to the tune of Rs.5,000/-.<br /> 2. The opposite parties have filed their separate written statements and submitted that the complainant is not residing within the periphery of Plant and Colony of GHTP rather he is residing in the village outside the plant area. It is correct that he was holding the LPG Gas connection vide Consumer No.04271 and SV No.1207054 dated 09.11.2004. The opposite parties also submitted that the complainant brought the termination voucher from Bathinda to Lehra Mohabbat and submitted the same to the opposite party No.1 alongwith request dated 12.05.2009 which was received on 14.05.2009. In response to the said request, the opposite parties requested the complainant to submit house allotment order within seven days of the receipt of letter but the complainant did not send the abovesaid documents. The reminder letter dated 14.09.2009 sent to the complainant but the complainant again failed to submit the abovesaid documents. The complainant intimated the opposite party No.1 that he is residing in a house which is situated 3 Kms from the Plant and colony and does not acquire any quarter and he may be alloted Gas Connection. The abovesaid letter was sent through the Shift Incharge, GHTP, Lehra Mohabbat to the opposite party No.1 vide memorandum No.41 dated 16.02.2010 but the opposite parties to sought clarifications/permission from M/s. Bharat Petroleum Corporation Ltd., Bathinda regarding release of new connection to the complainant. In the response, Bharat Petroleum Corporation Ltd. granted permission for issuance of new gas connection but it was mentioned in the letter that new connections are permitted only for Punjab State Electricity Board staff residing at Thermal Colony, Lehra Mohabbat. Since the complainant has not been residing in the Thermal Colony, so the connection could not be released to the complainant. <br /> The opposite parties have further pleaded that at the time of construction of stage-I of GHTP, Thermal Plant, Lehra Mohabbat in year 1993, no facility of LPG domestic gas was available to the residents of Power Colony. They were forced to arrange LPG Gas for domestic purposes from far away Gas Agency, situated at Bathinda. Keeping in view the difficulties of officers/officials working in the GHTP, Thermal Plant, Chief Engineer/Construction, GHTP, Lehra Mohabbat has signed Memorandum of Agreement with M/s. Bharat Petroleum Corporation Ltd, Chandigarh on 12.09.1996 regarding taking up of Distribution ship of Bharat Gas in the name of Guru Nanak Dev Thermal Plant, State-III, Gas Service, Lehra Mohabbat. Total 888 Gas Connections exists on 31.05.2009. These Gas connections includes the gas connections of those employees who were retired/transferred from this thermal plant to various other places but they have neither surrendered/got transferred their gas connections (cylinders, regulator etc.) issued to them at the time of release of gas connection nor they have got their Security amount refunded. Moreover, some gas connections were issued to the residents of Shop-cum-Flats/personals deputed for security of plant since they are rendering various services for the welfare of the colony and part of Thermal Plant and Colony. These Shop-cum-Flats were constructed by the board to provide facilities to the residents of colony. As per Memorandum of Agreement between M/s. BPCL, Chandigarh and Guru Nanak Dev Thermal Plant (Stage-III), Gas Service, Lehra Mohabbat, the Territory or Distribution area of this Gas Agency in “Within the Limits of Guru Nanak Dev Thermal Plant (Stage-III), Lehra Mohabbat, (Bathinda) and the latest clarifications/instructions given by M/s. BPCL, Bathinda regarding issuing of New Gas Connections vide their letter No. BTI/LPG 115648 dated 20.02.2010. Hence, it is not possible to give gas connection to the complainant.<br /> 3. Parties have led their evidence in support of their respective pleadings.<br /> 4. Arguments heard. Record alongwith written submissions submitted by both the parties perused.<br /> 5. The complainant is holding LPG gas connection vide consumer No.04271 with GNDTP Co-op Gas Agency, Shop No.3, Thermal Colony, Bathinda (Indane gas agency) and SV No.1207054 dated 09.11.2004. The complainant transferred from Bathinda to Lehra Mohabat. He got Termination voucher No.21103940000033 dated 08.05.2009 for transferee Distribution Lehra Mohabat vide Ex.C-3 for issuing the gas connection to the complainant. The complainant was asked to produce the office order of house allotment and house occupation. As per memorandum of sale agreement, only employees who are residing inside the premises/colony are entitled to get the gas connection. According to Ex.R-2 and Ex.R-10 on page No.2 of the memorandum of agreement made at Chandigarh on 12.09.1996 between Bharat Petroleum and Guru Nanak Dev Thermal Plant clause 1(b)(iv) read as under:-<br /> “The Distributor will during the continuance of this Agreement confine himself to effect the sales in the area of territory specified hereinabove but the Corporation shall be entitled without the consent of the Distributor to enlarge, reduce, increase or modify such area or territory to such other place as may from time to time be authorised by the Corporation in writing.” <br /> 6. A perusal of Ex.R-11 which is a guide to LPG Sales as on 01.10.2009 on page No.65 clause 16, the LPG gas connection can be released only to the employees who are residing inside the accommodation provided by colony only. Clause No.16 is read as under:-<br /> “Release of LPG connections to the employees of the project who are staying outside the demarcated area/colony will only be considered on production of written communication from the head of the Project specifying non-availability of residential accommodation for the employee concerned, compelling him to stay outside the colony. In other word, convenience and or economy of the employee as the reasons for staying outside the colony will not entitle him to avail LPG facility from the project distributorships”. <br /> 7. So, in the case in hand, the complainant is residing outside the premises of the Thermal Colony. He is not residing inside the colony as he himself has admitted in his complaint in para No.6 that he is living in own house alongwith his family. So he has no requirement for accommodation. This facility is available only for those employees who are residing inside the premises of the opposite party No.1 i.e. Thermal Plant. As the complainant contended that out of 888 connections 717 connections are given to persons who are holding Board accommodation whereas the remaining connections given to private persons. Both the parties have put record regarding this, Ex.R-10 is produced by the complainant whereas opposite parties have produced Annexure-I. According to these documents which are the list of the persons who are holding the gas connections shows that the persons who are holding the gas connections but are not occupying the Board accommodation under various reasons. These gas connections include the gas connections of those persons who are retired/transferred from this thermal plant to various other places but they have neither surrendered/got transferred their gas connections (cylinders, regulator etc.) issued to them at the time of release of gas connection nor have got their Security amount refunded. The employees who are residing outside premises of the Thermal colony only can get the gas connections when they produce written confirmation from the head of the Project specifying non-availability of residential accommodation for the employee concerned. The complainant has not complied with terms of letter of Project Distributorships. <br /> 8. From the above discussion, this Forum concludes that the gas connections were only meant for the persons who are holding Board accommodation in the premises of the opposite party No.1 but the complainant is not holding the Board accommodation as he is living in his own house outside the colony. Hence, he is not entitled for gas connection under this category. Therefore there is no deficiency in service on the part of the opposite parties. Thus this complaint fails and ishereby dismissed without any order as to cost.<br /> 9. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '<br /> <br /> <br /> Pronounced (Vikramjit Kaur Soni)<br /> 04.08.2010 President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member<br /> <br /> <br /> (Amarjeet Paul)<br /> Member<br /> <br />