IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 29th day of January, 2013.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 183/2012 (Filed on 21.11.2012)
Between:
1. Madhavan Gopalan,
Kalaril Veedu,
R.S. P.O., Thiruvalla,
Pin – 689 111.
2. Santhosh Kumar. K.G.,
Kalaril Veedu,
R.S. P.O., Thiruvalla,
Pin – 689 111. … Complainants.
And:
1. Proprietor,
Baby Gas Agency,
T.K. Road, Thiruvalla,
Pin – 689 101.
2. Manager,
Baby Gas Agency,
T.K. Road, Thiruvalla,
Pin – 689 101. … Opposite parties.
(By Adv. Alice Itty. P.)
ORDER
Sri. Jacob Stephen (President):
The complainants have filed this complaint against the opposite parties for getting a relief from the Forum.
2. The gist of the complaint is as follows: Second complainant is the son of the first complainant and the first complainant is a subscriber of the opposite parties vide consumer No. 2474. Being the son of the subscriber, the second complainant is the beneficiary of the gas connection provided by the opposite parties. The complainants’ allegation is that opposite parties are not properly delivering the gas cylinders to the complainants as per the norms of the Oil Company. The complaints regarding the irregular delivery of cylinders to the complainants is also not considering by the opposite parties. As and when the complainants calls the opposite parties for the delivery of cylinders, they usually reply that they will supply the cylinders within 2 days and the delay is due to the complaints of the delivery van or due to the absence of drivers. Further opposite parties are not delivering the cylinders at the complainants’ residence by saying about the bad road condition. In fact, the complainants are not getting cylinders regularly and even if there is any delivery that too is under great pressure. Because of the said acts of the opposite parties, the complainants are suffering too much for want of gas cylinders. The said acts of the opposite parties is a deficiency in service and opposite parties are liable to the complainants for the same. Hence this complaint for an order directing the opposite parties for the prompt and uninterrupted delivery of gas cylinders at the residence of the complainants along with compensation of ` 5,000 and cost of ` 3,000.
3. Opposite parties entered appearance and filed their version with the following main contentions: Opposite parties totally denied the allegations raised by the complainants. According to them, they are delivering the cylinders as per the booking priority and they are also supplying the cylinders once in a week in every area where the roads are in good condition. The condition of the road where the complainants are residing is not good. The allegation that the complainants are not getting the cylinders is false as he had took delivery of the cylinders on 08.02.2012, 11.04.2012, 29.05.2012, 09.7.2012, 22.08.2012, 06.10.2012 and 21.11.2012. The allegation that the complainants have made complaints to the opposite parties about the non-delivery of the cylinders is also false. Opposite parties are regularly supplying the cylinders to their customers including the complainants and they have not committed any deficiency in service to any of the customers. This complaint is without any bonafides and hence the reliefs sought for are not allowable in any way. With the above contentions, opposite parties prayed for the dismissal of the complaint with their cost.
4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of PW1 and Exts. A1 to A4 and Ext. B1. After closure of evidence, both sides were heard.
6. The Point: The complainants’ allegations against the opposite parties is that they are not delivering the gas cylinders regularly at the residence of the complainants inspite of his booking and inspite the good condition of the road which passes near the house of the complainants. It is further alleged that the complaints of the complainants in this regard is not considering by the opposite parties. All the above said acts of the opposite parties are deficiency in service and are against the rules of the Oil Company and due to the said deficiency of service and violations of the rules, the complainants are suffering much. Therefore, the complainants prays for allowing this complaint.
7. In order to prove the case of the complainants, the second complainant adduced oral evidence as PW1 and he had produced 4 documents which are marked as Exts. A1 to A4. Ext. A1 is the copy of the customer card of the first complainant issued by the opposite parties. Ext. A2 is the copy of the complaint dated 02.01.2012 issued by the complainants to the second opposite party. Exts. A2(a) and A2(b) are the postal receipt and acknowledgment card of Ext. A2. Ext. A3 is the copy of the call details from 01.11.2012 to 25.11.2012 issued by the BSNL authorities showing the calls made by the complainants during this period. Ext. A4 is the receipt dated 20.11.2012 issued by the opposite parties in connection with the delivery of gas cylinder to the complainants.
8. On the other hand, the contention of the opposite parties is that they are delivering the gas cylinders to the complainants regularly without any delay as per the norms of the Oil Company. However, due to the bad road condition, they are not in a position to deliver the cylinders at the residence of the complainants. But they are sending their delivery van at a small distance away from the complainants’ residence as the road condition is good upto that area. Whenever the delivery van reaches there, he will not be there with the empty cylinder and connected papers. Because of the said reason, the cylinders are delivering to the complainants from the agency directly. With the above contentions, opposite parties argued for the dismissal of the complaint as they have not committed any deficiency in service or violated any rules as alleged by the complainants.
9. In order to prove the contentions of opposite parties, second opposite party filed a proof affidavit along with one document. On the basis of the proof affidavit, the said document is marked as Ext. B1. Ext. B1 is the copy of computer print showing the refill history of the delivery of cylinders to the complainants.
10. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the second complainant being the son of the first complainant who is the consumer of the opposite parties and as such the second complainant is the beneficiary of the opposite parties. The dispute is with regard to the non-delivery of the gas cylinders. According to the complainants, he is not getting the cylinders regularly at their residence. But according to the opposite parties, the complainants’ allegations are baseless and they are supplying the cylinders regularly at nearby place of the complainants’ residence. But in this case, the complainants has not proved their case with cogent evidence. At the same time, opposite parties also have not adduced any cogent evidence for substantiating their contentions and for disproving the allegations of the complainants. Since the year of delivery is not clear from Ext. B1, it cannot be accepted in evidence for the opposite parties. So we are not in a position to take a decision based on the evidence before us.
11. However, consumers of gas agency like the complainants are entitled to get gas cylinders regularly and promptly at the residence of the customers as per the norms of the Oil Company. Likewise, agencies are also duty bound to deliver the gas cylinders to their customers as per the norms of the Oil Company and the transactions between the gas agency and its consumers should be transparent. Lack of transparency might leads to disputes. It is the duty of the distributors to avoid such disputes. In order to avoid such disputes, distributors are bound to give proper information to the customers with regard to the place and time of delivery of the cylinders to their customers in advance. Though the complainant has not proved his case, we are of the view that the complainant’s allegations and his grievances had some force which may be due to the communication gap between the parties regarding the delivery of cylinders. Therefore, this complaint is disposed with the following directions:
(i) Opposite parties are directed to intimate their customers including the complainants the correct place and time of delivery of gas cylinders in advance on the basis of the booking priority and as per the norms of the Oil Company.
(ii) In the event of non-compliance of this order by the opposite parties, complainants are at liberty to approach this Forum for execution of this order.
12. With the above directions, this complaint is disposed with no cost.
Declared in the Open Forum on this the 29th day of January, 2013.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member : (Sd/-)
Appendix:
Witness examined on the side of the complainants:
PW1 : K.G. Santhoshkumar.
Exhibits marked on the side of the complainants:
A1 : Copy of the customer card of the first complainant issued
by the opposite parties.
A2 : Copy of the complaint dated 02.01.2012 issued by the
complainants to the second opposite party.
A2(a) & A2(b) : Postal receipt and acknowledgment card of Ext. A2. A3 : Copy of the call details from 01.11.2012 to 25.11.2012
issued by the BSNL authorities.
A4 : Receipt dated 20.11.2012 issued by the opposite parties
in connection with the delivery of gas cylinder to the
complainants.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties:
B1 : Copy of computer print showing the refill history of the
delivery of cylinders to the complainants.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Madhavan Gopalan, Kalaril Veedu,
R.S. P.O., Thiruvalla, Pin – 689 111.
(2) Santhosh Kumar. K.G., Kalaril Veedu,
R.S. P.O., Thiruvalla, Pin – 689 111.
(3) Proprietor, Baby Gas Agency, T.K. Road, Thiruvalla,
Pin – 689 101.
(4) Manager, Baby Gas Agency, T.K. Road, Thiruvalla,
Pin – 689 101.
(5) The Stock File.
