DATE OF FILING: 23.05.2014
DATE OF DISPOSAL: 12.10.2017
Dr. Alaka Mishra, Member:
The complainant has filed this consumer dispute 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 the complainant is one of the domestic consumer of Indian Gas (L.P.G.) and his dealer is DSMS, Ganjam, C/O DRDA, Ganjam Chhatrapur and the dealer supplying the gas to the consumer through Maa Mangala S.H.G. Sanakhemundi Block and its office situated at Podamari, Ganjam having Consumer bearing No. 9166 and he has been lifting the required gas cylinder regularly at the office of the Maa Mangala SHG, at Podamari. The said SHG who has been entrusted to distribute the gas to the consumer but not properly functioning his office. Though the complainant regularly lifting the required gas from the SHG Group who is demanding and taking excess price of Rs.500/- instead of actual price Rs.436/-. The SHG has also not issuing cash memo to the complainant at the time of purchase as token of payment by the complainant. The excess price has been taken from the consumer from the last month of October 2013 till today. While enquired by the complainant regarding the excess price the SHG not giving any satisfactory answer rather exploiting and threatening the consumer. Due to payment of excess price the complainant put into loss, harassment and mental agony. The Gas Dealer as well as the supply agency was not displaying their stock and opening and closing time at their shop premises. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund the excess price taken by the SHG from the last month of October 2013 , Rs.20,000/- towards compensation for mental agony and litigation cost of Rs.5000/- in the best interest of justice.
3. Upon notice the O.Ps filed version through his advocate. It is stated that the present complaint is wholly misconceived, groundless and unsustainable in law and is liable to be dismissed as such the transaction in question was without any consideration. The present complaint is baseless and a flagrant abuse of process of law to harass and blackmail the O.Ps. The complainant has no Locus Standi to initiate the present proceedings. The complaint is bad for non-joinder/mis-joinder of necessary and proper party i.e. the Indane Oil Company Ltd. and is liable to be dismissed on this score alone. The present complaint is frivolous and vexatious and liable to be dismissed under Section 26 of the said Act. The complainant never filed any written complaint about non-functioning of the office before the O.Ps nor before any higher authority of the state Government till date. The averment stated in Para 2 about non-issuing of cash memo to the complainant, the O.Ps would like to submit here that, ‘they have issued cash memo to the complainant after delivery of the gas cylinder at his address’ and the complainant duly acknowledged the cash memo also in each time of delivery. Every time the complainant booked the cylinder by signing the customer Refill Booking Register of O.P.No.1 & 2 office but never endorsed any protest on the said Register for non-display of the stock board at the office, demand of excess amount and non-issuance of cash memo. The complaint has accepted the goods and services, every time since the day of starting of service by the O.Ps, cooking gas without protest and the present complaint is merely an afterthought. There is nothing in record goes to show that the complainant has any protest or objection on demand of excess payment, delay in delivery of gas, display of stock board etc. The District Administration of Ganjam in its Governing Meeting for the year 2010-2011 of DSMA, Ganjam has increased the transportation cost due to loss on transportation of LPG cylinders to different counters as “Considering the loss incurred on transportation charges by DSMS for supply of LPG cylinders to different SHG counters governing body approved the revised transportation charges as follows- If distance in between 0-15 Km, the charges for 14.2 Kg gas cylinder would be ‘No Extra charge, if distance in between 15-40 Km the charges for 14.2kg domestic gas would be Rs.20/- per cylinder and it will in between 40-80km, the amount would be Rs.40/- per domestic cylinder and accordingly, the O.P.No.1 & 2 have charged more Rs.40/- on each cylinder after payment of actual refill price and also charged to load and unload each cylinder through a private laborer to deliver the gas in the address of the consumer respectively and the charging of above amount was proper and justified in accordance to the order of the government/district administration. The O.Ps are within their rights to charge extra price for the subject matter of the above dispute. The complainant is liable to pay the increase price on account of escalation due to hike in labor cost and transportation cost in present market to avail the service at door step. The law is well settled that any person of the country can ask in writing and issue written notice for clarification of the excess price taken from a consumer and a consumer can also make complaint to the Sales Officer/Field Officer of Oil Company through the Mobile Number issued by the concerned Oil Company from time to time and displayed the mobile number of the said officer in show room, cash memo and a consumer can also file complaint through the Toll Free Helpline number 1800-2333-555 issued by the Ministry of Petroleum and Natural Gas, Government of India regarding demand of excess amount and non-issue of cash memo, delay in delivery etc. through online/website. But instead of did so, the complainant made a false complaint before this respected Forum to grab a huge amount by harassing the O.Ps by taking advantages of women self help group and belongs to weaker section of the society. But the complainant has neither opted/used the preliminary grievance redressal system mentioned supra when the O.Ps did not pay any heed to his verbal complaint. It is also not true to submit that the O.Ps have not pay any heed to the complaint of complainant because the O.P.No.3 along with O.P.No.1 & 2 visited several times to the house of the complainant but to no avail. The complainant has filed the case in person. The complainant has not engaged any advocate by paying fees towards present litigation to pursue the case before the respected Forum and law is well settled in this juncture that the litigation cost cannot be allowed to the complainant without engaging any Licensed Advocate. Though the complainant has not described each head of expenses, losses sustained by him and not file any proper receipts before this respected Forum, the complainant cannot be granted on the plain admission that the O.Ps to pay Rs.20,000/- as compensation. Hence the O.Ps prayed to dismiss the case.
4. On the date of final hearing both parties are present. Advocate for the complainant filed an affidavit serving copy to the O.Ps and photocopy of relevant documents, also submitted on the same day. We heard argument at length and perused the documents placed on record. The complainant complaint that the O.Ps are the Maa Mangala S.H.G. Sanakhemundi Block at Podamari and the Group is the dealer to supply the gas in the rural area. The actual price of gas cylinder is Rsa.436/- and the supplier take Rs.500/- per each gas cylinder without door delivering of the same. He further alleged that no cash memo receipt was supplied of Rs.500/- rather the cash memo reflects Rs.436/- for which complainant is filing the suit and prayer that excess amount taken by S.H.G. group should return and Rs.20,000/- as compensation towards harassment and mental agony and O.Ps must display his stock and opening and closing of office time at notice board, and O.Ps must issue cash memo at the time of purchasing of gas, and award litigation cost of Rs.5000/-.
5. On the contrary learned counsel for the O.Ps stated that it is not true raising regarding jurisdiction of this Forum as this case is based upon the welfare scheme of Government to uplift the women belongs to weaker section of the society. So this dispute is involved many complex issue and he further raised that he is not a consumer to this S.H.G. Group that to uplift the women becomes to the weaker section of the society specially of rural area, State Government of Odisha being benevolent has authorized the O.P.No.1 &2 to be open a extension counter of the Indian Shakti Show Room, DSMs under the ORMAS, Panchayatraj Department, Government of Odisha. The District Administration of Ganjam in its Governing Meeting for the year 2010-2011 of DSMA, Ganjam has increased the transportation cost due to loss on transportation of LPG cylinders to different counters as considering the loss incurred on transportation charges by DSMS for supply of LPG cylinders to different SHG counters governing body approved the revised transportation charges as follows- If distance in between 0-15 Km, the charges for 14.2 Kg gas cylinder would be ‘No Extra charge, if distance in between 15-40 Km the charges for 14.2kg domestic gas would be Rs.20/- per cylinder and it will in between 40-80km, the amount would be Rs.40/- per domestic cylinder and accordingly, the O.P.No.1 & 2 have charged more Rs.40/- on each cylinder after payment of actual refill price and also charged to load and unload each cylinder through a private laborer to deliver the gas in the address of the consumer respectively and the charging of above amount was proper and justified in accordance to the order of the government/district administration. The complainant admitted that he has been lifting the requisite gas cylinder regularly from the office of Maa Mangala S.H.G., Podamari and also stated that the complainant is received the cash memo as prescribed by the Indian gas. The advocate for the O.Ps further submitting two photo copies as Annexure 5, 6-1 that Mass Gas Vikrayakendra , Podamari was opened and a clerical staff is also appointed to look after the matter. So the allegation is timing of opening of gas Vikrayakendra is opened as per scheduled time. Hence the case is not admissible in this Forum and be dismissed with costs in the interest of justice.
6. We carefully considered the submission made by the learned counsel for the complainant as well as O.Ps. We have also perused the documentary evidence placed in the record filed by the complainant as well as O.Ps. On careful verification of the documents we found that there is some truth in the allegation in the lodged complaint because one SHG Groups runs the dealer point at Podamari which is more than 40 K.M. and less than 80 K.M. from Chatrapur (Main Depo point) DSMS Ganjam, Chhatrapur. It is also a fact that DSMS under the agency of ORMAS Panchayatraj Department, Government of Odisha has rightly authorized Maa Mangala SHG group distribution of LPG gas at Sanakhemundi block. It is also a fact that proceeding of the Governing Body meeting for the year 2010-11 DSMS, Ganjam headed by Chief Executive DSMS, Ganjam, Project Director-cum- Vice Chairman, DSMS has increased the transportation charges of LPG gas cylinder to different counter distance from 15-40K.M. for 7kg Rs.20/-, 40-80K.M. for 10 Kg Rs.40/- and above than 80 KM for 10kg Rs.60/-. Similarly cylinder weight 14.2 Kg 15-40K.M. for Rs.20/- extra, 40-80 K.M. Rs.40/- extra, above less than 80K.M. Rs.60/- extra and for all categories. In the present case the consumer belongs to Podamari which is above 40 K.Ms and less than 80 K.M. So the O.Ps. received extra amount of Rs.40/- apart from cylinder gas cost i.e. Rs.436/- but as per allegation the complainant paid Rs.500/- towards cost of a cylinder which is extra Rs.24/- to the O.P. in each cylinder. He has received six numbers of gases from O.Ps from October 2013 to May 2014. The equity, justices and good conscience says that the excess amount must refund to the complainant. Hence the O.Ps should return the excess amount received by the O.Ps. It is beyond doubt that the O.Ps has harassed the complainant several times for the mental agony, so we direct the O.Ps to pay Rs.1000/- towards compensation. Besides that we would also like to direct the O.Ps to pay a sum of Rs.1000/- to the complainant towards cost of litigation.
In the result we direct the O.Ps who are jointly and severally liable to refund Rs.144/- (Rs 24X6) to the complainant as excess amount received by the O.Ps. Further the O.Ps are liable to pay a sum of Rs.1000/- towards compensation for harassment, mental agony together with litigation cost of Rs.1000/-. The O.Ps are directed to comply the above orders within 45 days from the date of receipt of this order, failing which the complainant is at liberty to recover the same under section 25/27 of the Consumer Protection Act. If the O.Ps fails to comply the order within 45 days from receipt of this order then the penal interest of 2% per annum shall be charged on the whole amounts till final payment is made. The case of the complainant is disposed of accordingly.
8. The order is pronounced on this day of 12th October 2017 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
