order dated 12/06/2009<br /> <br /> O R D E R<br /> <br /> <br /> M.R. DEVAPPA, PRESIDENT<br /> <br /> <br /> <br /> The case of the complainant briefly stated is as follows;<br /> <br /> <br /> <br /> 1. That the complainant’s father late Bopaiah had a gas connection, Consumer Number being 8446 with the opposite party since 23-06-2004 and used to take gas cylinder for domestic use.<br /> <br /> <br /> <br /> 2. That on 18-01-2007 complainant’s father passed away and after his death the complainant was not able to inform the sad demise of his father to the opposite party due to unavoidable circumstances.<br /> <br /> <br /> <br /> 3. That in the month of January 2009 the complainant visited the opposite party’s office to inform the death of his father and to change the gas connection in the name of his mother, but to his surprise the staff of the opposite party informed him that his father had already transferred his gas connection to Periyapatna.<br /> <br /> <br /> <br /> 4. That on proper enquiry the complainant came to know that the opposite party has terminated his father’s gas connection on 18-12-2008 by forging the signature of his late father.<br /> <br /> <br /> <br /> 5. That after knowing the unlawful and illegal act of the opposite party the complainant personally informed the matter to the opposite party who was residing at Madikeri but no action was taken.<br /> <br /> <br /> <br /> 6. Due to the act and conduct of the opposite party the complainant has sustained heavy financial loss and undergone mental agony.<br /> <br /> <br /> <br /> 7. That the complainant’s mother is legally entitled for the gas connection for her domestic use. The complainant pray for the following relief;<br /> <br /> <br /> <br /> a) To punish the opposite party as per the Consumer Protection Act for his unlawful and illegal act by forging the signature of the late father.<br /> <br /> b) To transfer the gas connection in the name of complainant’s mother.<br /> <br /> c) Award the damages, mental agony suffered by the complainant.<br /> <br /> d) Award the cost of the proceedings and such other relief deem s fit.<br /> <br /> <br /> <br /> 8. The complainant along with the complaint has submitted following documents;<br /> <br /> <br /> <br /> 1. Xerox copy of the refill sheet dated 26-07-2008.<br /> <br /> 2. Copy of the cash memo dated 26-07-2008<br /> <br /> <br /> <br /> 9. Upon admitting the complaint notice was ordered to be sent to the opposite party namely Nanda Kumar Proprietor Vishal Indian Gas Athur Village, Gonikoppa and on receipt of the notice, he has filed his version through his advocate and has taken the following contentions.<br /> <br /> <br /> <br /> 1. That it is true that the father of the complainant has taken gas connection bearing number 8446 and he used to take the gas on regular basis.<br /> <br /> <br /> <br /> 2. That the consumer is issued a ‘subscriber voucher’ and ‘Domestic gas consumer card’ which they shall always retain with them.<br /> <br /> <br /> <br /> 3. That the subscriber voucher is the document which shall prove the authenticity of the consumer which shall be produced by the consumer at the time of surrendering the gas connection or at the time of getting the gas connection transferred to other places.<br /> <br /> <br /> <br /> 4. That the regular gas cylinder supply is done on the basis of the DGC card number and necessary entry is made on the card.<br /> <br /> <br /> <br /> 5. That the opposite party being an authorized distributor at Indian gas at Gonikoppa has more than 13,000 gas connection and therefore it is not possible to identify every gas consumer personally and they are identified on the basis of the subscribers voucher and domestic gas consumer card.<br /> <br /> <br /> <br /> 6. That the subscribers voucher of Sri. Bopaiah was surrendered to the opposite party and a requisition was made asking for the transfer of the said gas connection from Gonikoppal to Periyapatna and was every thing was in accordance with the regular procedure the said gas connection was terminated at Gonikoppa and a later, transfer was given to Periyapatna.<br /> <br /> <br /> <br /> 7. That as per the version of the complainant the said Bopaiah died on 18-01-2007, it was made mandatory for the complainant to intimate the same to the opposite party to produce the subscriber voucher and get connection or transfer to his name or to the name of the wife of said Bopaiah, but instead of doing so the complainant has concealed the fact and as admitted by him and continued to take gas cylinders on the basis of the DGC availing gas cylinder in the name of the dead person without informing the said demise amounts to an offence punishable under law.<br /> <br /> <br /> <br /> 8. That the opposite party reserves the right to initiate the criminal proceedings against the opposite party.<br /> <br /> <br /> <br /> 9. That there are every chances of said Bopaiah having signed the necessary papers and handing over the same and subscribers voucher to some body else during his life time.<br /> <br /> <br /> <br /> 10. That there was no unlawful or illegal act on the part of the opposite party on the contrary it was unlawful and illegal on the part of the complainant by taking gas cylinders on regular basis in the name of dead person.<br /> <br /> <br /> <br /> 11. That the complainant is not entitled for any of the relief sought by him.<br /> <br /> <br /> <br /> 10. Both the parties have filed their affidavit in lieu of examination in chief. <br /> <br /> <br /> <br /> 11. Having regard to the averments made in the complaint and the defence taken by the opposite party the following issues arise for determination;<br /> <br /> <br /> <br /> 1. Whether the opposite party has committed deficiency in service in not extending proper service to the complainant?<br /> <br /> <br /> <br /> 2. To what order?<br /> <br /> <br /> R E A S O N S<br /> <br /> <br /> 12. During the pendency of the proceedings both the parties agreed to settle the matter and accordingly the gas service is transferred to the name of the complainant and in this regard the advocate for the complainant has filed a memo. The complainant has prayed for transfer of the gas connection in the name of the complainant’s mother but as per his request now the gas is transferred to his name only and also had prayed for award the damages for mental agony suffered by the complainant.<br /> <br /> <br /> <br /> 13. It is pertinent to note that after the death of father of the complainant neither the mother of the complainant nor the complainant has approached the opposite party and it is mandatory that the consumer shall submit or surrender the subscriber voucher at the time of asking for a transfer of gas connection or for termination. In the instant case it was the duty of the complainant to inform the death of his father and obtained transfer of gas connection but he has remained silent for more than two years and has kept the gas cylinder and voucher with him illegally. Therefore it can be said that the complainant is also at fault as he failed to surrender the subscriber voucher and has failed to inform the death of his father. As per the records the complainant died on 18-1-2007, but the complainant has approached the opposite party in the month of January 2009 and it is averred in the complaint that he came to know the transfer of the gas service to Periyapatna at that time only. No doubt the opposite party cannot remember the identity of every consumer and as there was application for transfer of the gas service to Periyapatna in the name of the complainant, the officials of the opposite party transferred the same to Periyapatna. Now that the opposite party has taken prompt action in transferring the gas service in the name of the complainant and that all formalities have been observed by the opposite party and since there is also lapse on the part on the complainant in not following the procedure and formalities after the death of his father he is not entitled for any compensation or damages, as the entire blame cannot be thrown on the opposite party.<br /> <br /> <br /> <br /> 14. The opposite party after coming to know about the transfer of the gas service to Periyapatna, through the complaint, has taken prompt action to see that gas connection is restored to the name of the complainant and within 15 days all the formalities have been carried out now the gas connections stand in the name of the complainant as per the memo of the advocate for the complainant. Since the major relief is complied by the opposite party and since there was some communication gap between the complainant and the opposite party, we cannot find fault with the opposite party. Hence, we answer point no.1 negatively holding that the opposite party has not committed any deficiency of service and proceed to pass the following order.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> <br /> The complaint is dismissed. The parties to bear their own cost.<br /> <br /> <br /> <br /> Communicate the order to the parties.<br /> <br /> <br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the open Forum on this 12th day of June 2009.<br /> <br /> <br /> <br /> <br /> <br /> (M.R. DEVAPPA), (A.S. HEMALATHA),<br /> <br /> PRESIDENT MEMBER<br /> <br /> <br />