By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant is a consumer in opposite party Crystal gas agency as per consumer No.12067. Complainant’s house is situated nearly 1½ kilometre away from opposite party gas agency. On 03/10/2021 complainant had booked one gas cylinder worth Rs.903.50/- as per booking ID 223217. But opposite party did not deliver the cylinder in complainant’s house within the stipulated time. Thereafter on 06/10/2021 opposite party came to complainant’s house for delivering the gas cylinder and he wanted additional Rs.15/- for delivering the cylinder to complainant’s house. On that day complainant paid Rs. 15/-, the amount wanted by opposite party to the delivery boy of opposite party. But on 03/10/2021 itself complainant had paid the amount of the gas cylinder Rs.903.50/- to opposite party. But due to the deficiency of service from the side of opposite party, he did not deliver the gas cylinder in the proper time. Thereafter, opposite party grabbed additional amount of Rs. 15/- from complainant.
2. Then on 22/12/2021 complainant filed petition before the Public Information officer, Taluk Supply office, Perintalmanna to enquire about this and on 28/12/2021 , he replied for the above petition. That is also produced before the Commission. Complainant’s case is that he had paid the existing amount of the gas cylinder Rs. 903.50/- on that day itself and opposite party deliberately make the delivery late and wanted additional amount for the delivery of the gas cylinder. Due to the deficiency of service from the side of opposite party, complainant suffered mentally. Hence this complaint. Opposite party has no right to receive an additional amount of Rs. 15/- for their fault.
3. Prayer of the complainant is that, he is entitled to get Rs. 15/- the additional amount charged by opposite party from complainant and Rs.50,000/- for the deficiency of service from the side of opposite party.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he appeared with his counsel and filed version.
5 In their version they denied the entire allegation raised by complainant in his complaint except those which are admitted. Opposite party admitted that complainant is a consumer of their gas agency since 23/09/1999 and availed second cylinder facility on 14/02/2000.They again stated that it is true that complainant had paid Rs.903.50/- as advance payment through online on 3/10/2021 Sunday. But it is not correct to say that on 3/10/2021 complainant purchased gas cylinder from opposite party. But he only booked the cylinder and paid Rs 903.50/- on that day. The gas cylinder was delivered on 06/10/2021. The delivery boy of opposite party had gone to complainant’s house with the cash memo along with the gas cylinder. On that day government had hiked the price of the domestic gas cylinder and as per that an additional amount of Rs.15/- have to pay by the complainant. It is impossible to deliver the cylinder on the booking day itself. It is the duty of opposite party to deliver the gas cylinder within seven days from the date of booking. As per the above contention opposite party had supplied the gas cylinder on 6/10/2021, it is within that stipulated time period itself. There are no defaults from the side of opposite party. Moreover complainant was not ready to give that additional amount of Rs. 15/- to the delivery boy and quarrelled with the delivery boy. Even though delivery boy make the complainant to convince him but, complainant was not at all convinced. There is no default from the side of opposite party regarding the delivery of gas cylinder. Opposite party wanted the additional amount of Rs.15/- as per the change of the price of the gas cylinder as per Government direction. There is no deficiency of service on the side of opposite party. On the date of delivery, price was Rs.918.50/- per cylinder that is why the delivery boy demanded Rs.15/- more. Opposite party approximately supplies 1100 to 1400 gas cylinders daily to different customers. From 1/10/2021 to 07/10/2021 except in Sundays, the opposite party had delivered 830,1295,1490,1385,1156 and 1319 cylinders respectively. There are fluctuations in the price of diesel, petrol and gas according to Government norms. It is impossible to know the price hike by opposite party in advance. There is no deficiency of service from the side of opposite party. Hence complaint may be dismissed.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A5. Ext.A1 is the true copy of the Gas consumer book of complainant , Ext.A2 is the true copy of online receipt for the payment made by complainant for gas booking on 03/10/2021, Ext.A3 is the original receipt given by opposite party to complainant on 6/10/2021 for the additional amount of Rs. 15/-, Ext.A4 is the copy of the application submitted by complainant before the Information Officer, Taluk Supply Office, Perintalmanna, Ext. A5 is the original reply from Taluk Supply Office, Perintalmanna to complainant received on 28/12/2021. Thereafter opposite party also filed affidavit in lieu of chief examination and the documents he produced were marked as Ext.B1 to Ext.B5. Ext.B1 is the letter from Territory Manager of Bharat Petroleum Corporation Limited dated 12/01/2022, Ext.B2 is the letter from Territory Manager of Bharat Petroleum Corporation Limited, Cochin dated 26/02/2022, Ext.B3 is the original reply from Public Information Officer,Taluk Supply Office, Perintalmanna to Mr.Noushad.T dated 08/02/2022, Ext.B4 is the Original Mathrubhumi daily News Paper dated 07/10/2021 showing the LPG price hike , Ext.B5 is the original leaflet showing terms on payment through online .
7. After perusing the affidavit and documents, the following points arise for consideration.
- Whether there is any deficiency of service and unfair trade practice on the part of opposite party.
- Reliefs and cost.
8. Point No.1 & 2
Complainant is a consumer in opposite party Crystal gas agency as per consumer No.12067. Complainant’s house is situated nearly 1½ kilometre away from opposite party gas agency. Case of the complainant is that on 03/10/2021 complainant had booked one gas cylinder worth Rs.903.50/- as per booking ID 223217. But opposite party did not deliver the cylinder in complainant’s house within the time limit. Thereafter on 6/10/2021 opposite party came to complainant’s house for delivering the gas cylinder and he wanted additional Rs.15/- for delivering the cylinder to complainant’s house.
9. But opposite party stated that on 03/10/2021 the price of one gas cylinder was Rs. 903.50/- . But on the delivery date 06/10/2021 there was a price hike of Rs.15/- per cylinder as per government direction. The booking was done on 3/10/2021 it was a Sunday and a holiday. It is impossible to deliver the cylinder on the booking day itself. At the delivery date the price was Rs.918.50/- per cylinder, but complainant was not ready to pay the increased price of Rs. 15/-. They again stated that there is no deficiency of service from their side.
10 After scrutinizing the complaint, version, affidavit and documents of both
parties, it is seen that complainant was booked the gas cylinder on 03/10/2021 and paid Rs.903.50/- through online. But on 06/10/2021, when the delivery boy delivered the gas cylinder at complainant’s house the price of the gas cylinder was Rs. 918.50/- as per government rules. From the documents submitted by opposite party it is seen that, it is the Bharat petroleum Corporation Limited who increased the price of gas cylinder not the opposite party. Opposite party is only an agent of Bharat Petroleum Limited. As per Ext B1 dated 12/01/2022 it is informed that the LPG refill prices are subject to price revision and the rates are applicable as on the date of refill delivery. This is mentioned while doing online payment also. They again showed the screen shot and it is seen that “ I confirm that I have read and understood the instructions and the terms and conditions and accept the same prices shown are indicative and actual price prevailing at the time of refill delivery shall be applicable”. In Ext B2 the Certificate given by Territory Manager of Bharat Petroleum corporation certified that the retail selling price of packed 14.2 kg domestic LPG cylinder on 06/10/2021 was Rs 918.50/-.
11. In Ext. B4 the Mathruboomi daily news paper dated 07/10/2021 produced by opposite party clearly shows that “പാചകവാതകം 15 രൂപ കൂട്ടി”. In that news it is clearly stated that the domestic LPG cylinder price is increased about Rs. 15/- from the earlier price. In Ext. B5 document it is clearly stated that 1) The actual cost of refill may differ at the time of delivery refill. 2) The amount paid now shall be treated as advance and will be adjusted against the actual refill price at the time of delivery. 3) Excess amount if paid by you shall be refunded to you by the distributor (delivery boy) at the time of delivery. 4) If amount paid is less, then the differential amount to be paid to the delivery boy of the distributor. They again stated that the price applicable on the date of delivery will be the final price. This final price can be found on the cash memo i.e, the physical copy of the bill provided by the delivery agent.
12. From the above points we are on the opinion that there is no deficiency of service and unfair trade practice from the side of opposite party. Complainant had booked the gas cylinder on 03/10/2021 and it was a Sunday. As per opposite party's contention the stipulated time for delivery of the gas cylinder is 7 days from the date of booking.. Complainant booked the gas cylinder on 03/10/2021 and opposite party had delivered the cylinder to complainant’s house on 06/10/2021. That means within three days from the date of booking. Unfortunately there was a price hike of Rs. 15/- on the delivery date. The price hike is not controlled by the opposite party. They are only the gas agency under Bharat Petroleum Corporation. From the documents it is clear that, this opposite party was unaware of the gas cylinder price hike. There is no document produced by complainant to show that there is an intentional act from the side of opposite party to slowdown the delivery of the cylinder.
13. Opposite party again stated that it is impossible to deliver the cylinder on the
booking day itself. Booking process is done at the Bharat Petroleum Head Quarters through and Electronic booking process. They again stated that the availability of cylinders at the agency is also an important concern. Another contention of opposite party is that the consumers having two cylinder facility, the time limit may be extended to few more days, since they have to give preference to consumers having single cylinder facility. We are on the opinion that the points mentioned above are valid regarding the delivery of gas cylinders. There is no negligence and deficiency of service from the side of opposite party. The price increase is managed by the government not the gas agency. They act according to the orders of Bharat Petroleum Corporation Limited.
14. In the light of above facts and circumstances we are on the opinion that there is no deficiency of service from the side of opposite party. Hence complaint is dismissed.
Dated this 29th day of August , 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : True copy of the Gas consumer book of complainant.
Ext.A2 : True copy of online receipt for the payment made by complainant for gas
booking on 03/10/2021.
Ext.A3 :Original receipt given by opposite party to complainant on 6/10/2021 for
the additional amount of Rs. 15/-.
Ext.A4 : Copy of the application submitted by complainant before the Information
Officer, Taluk Supply Office, Perintalmanna.
Ext.A5 : Original reply from Taluk Supply Office, Perintalmanna to complainant
received on 28/12/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B5
Ext.B1 : Letter from Territory Manager of Bharat Petroleum Corporation Limited
dated 12/01/2022.
Ext.B2: Letter from Territory Manager of Bharat Petroleum Corporation Limited,
Cochin dated 26/2/2022.
Ext.B3 : Original reply from Public Information Officer Taluk Supply Office,
Perintalmanna to Mr.Noushad.T dated 08/02/2022.
Ext.B4 : Original Mathrubhumi daily News Paper dated 7/10/2021 showing the LPG
price hike.
Ext.B5 : Original leaflet showing terms on payment through online .
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
