DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Palakkad, Kerala
Dated this the 31st day of October, 2011
Present : Smt.Seena.H. President
: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K, Member
Date of filing:23/04/2010
CC.No. 53/2010
C.T. Jessy Martha,
D/o. Tharu,
V/408, Cheerans, - Complainant
Near Over Bridge,
Pattambi, Palakkad
(By Adv. N. Anoopkumar)
Vs
The Proprietor,
Sree Narayana Indane service,
111/135C, Anugraha,
Thekkemuri,
Pattambi, Palakkad
Pin- 679 303 - Opposite party
(By Adv.K.Haridas)
O R D E R
By Smt. Bhanumathi.A.K, Member
Brief facts of the complaint:
The complainant is having an Indane LPG Domestic connection numbered as 10279. On 11/12/2009 the complainant got a letter from the opposite party stating that there are two connections in the name of complainant and they are going to cancel the above said gas connection. On 23/12/2009 the complainant denied the same and sent notice to opposite party. But on 19/02/2010 the gas connection was stopped by the opposite party on the ground that there are two gas connections in the name of the complainant.
Disconnection of the gas connection caused many difficulties to the complainant in cooking the food. In the complainant's house there is no arrangement for cooking by using fire wood. As an aged and sick lady complainant depended hotel for food for many days.
So the complainant is seeking an order directing the opposite party to reinstate the 10279 numbered gas connection and an amount of Rs.55,000/- as monitory loss and mental agony suffered by the complainant.
Opposite party entered appearance and filed version with the following contentions.
Opposite party admits that the complainant had a domestic gas connection in her name. The son of the complainant Mr. Saji Simon and the complainant is residing in same house named Cheerans, near Railway over bridge, Pattambi. The complainant has suppressed the fact that her house is already having a house hold connection vide No:9870 in the name of her son. Suppressing that connection the complainant obtained another connection in the same house vide connection number 10279. When opposite party came to know this fact the opposite party sent a notice dated 11/12/2009 requiring her to surrender the second connection from her house hold. The complainant sent a reply notice denying the contentions in the notice. There after another notice was sent demanding her to produce the ration card to assess whether two connections in the very same house. But the complainant not produced the ration card. Holding two gas connections in the very same house hold is against the provision of the LPG 2010. So that the second connection in the name of the complainant terminated as per the order 19/02/2010 and it was intimated her also. There is no deficiency of service on the part of opposite party and complaint may be dismissed with cost of the opposite party.
Both parties filed their respective affidavits. Exhibit A1 to A6 marked on the side of the complainant. Exhibits B1 to B6 marked on the side of the opposite party. Commission report is marked as Exhibit C1. Complainant is cross examined as PW1. Heard both parties.
Issues to be considered are;
Whether there is any deficiency in service on the part of opposite party ?
If so what is the relief and cost ?
Issues 1 & 2
Complaint is regarding the termination of LPG connection of the complainant by opposite party. Complainant is having a LPG domestic connection vide consumer No.10279. On 11/12/2009 the complainant received a letter from opposite party requiring her to surrender the gas connection as there are more than one LPG connection in the complainant's house hold. On 23/12/2009 the complainant sent a notice denying the contentions in the notice. Thereafter another notice received by the complainant demanding her to produce the ration card to assess whether two connections in the very same house. But the complainant did not produce the ration card. Holding two gas connections in the very same house hold is against the provision of the LPG Order 2010. Opposite party says that the son of the complainant Mr.Saji Symon and the complainant are residing in the same house named Cheerans, Near Railway Bridge, Pattambi. The complainant had suppressed that her house is already having a house hold connection vide No.9870 in the name of her son. Suppresing that connection the complainant obtained another connection in the same house hold vide consumer no.10279. All these correspondence between complainant and opposite party are supported by Ext.A1, B2, B3 and A2 docuemnts. So that the second connection in the name of the complainant terminated as per order 19/2/2010 and intimated her.
It is evident from Ext.A4 document that the complainant is residing at Cheeran house vide house No.5/408 in 2002. Ext.A3 document ration card No.1948191801 produced by the complainant reveals that the complainant is residing alone at 'Cheeran' house No.V/408. The same facts are pointed out by the Commissioner in Ext.C1 documents. Opposite party contents that there are two LPG connections in the same house hold. While cross examining the complainant deposed that “aIsâ ho«v t]cv Noc³kv lukv F¶mWv. Noc³kv lukv F¶Xv XdhmSv t]cmWv.
]«m¼nbn Xs¶ AtX t]cn kpamÀ 25 hoSv D mhpw”
In Ext.C1 Commissioner also pointed out that "the complainant & her son are residing seperately. The son of the complainant having separate ration card vide No.1948191799 and the owner of the card is written as "Saji Symon.C.S., Cheerans house, House No.434, Ward No.V, Pattambi." So that it is undoubtedly proved that now the complainant is residing alone in her house No.V/408 and having seperate ration card vide No.1948191801. Ext.B6 shows that complainant and her son included in the same ration card, same house in the period of 5/6/2010. At the time of giving connection both the complainant and her son included in the same ration card. The complainant has not produced any document to show that the complainant and her son were residing seperately at the time of getting connection earlier. Subsequently they are residing at seperate houses and alloted seperate ration card also. Complainant produced Ext. A4 document which is the copy of notice sent by the complainant to Panchayath Secretary, Pattambi Grama Panchayath does not mean that the complainant is residing alone in that house on that period. Ext. A5 document is the acknowledgement slip from National Population Register also issued on 8/5/2010. The complainant not produced the ration card when the opposite party demanded for the same on 15/1/2010 as the issue of the new ration card vide No:1948191801 is only on 10/12/2010. The Ext. C1 shows that the number of the ration card allotted to the son of the complainant is 1948191799. So that it is clear that the new ration cards to the complainant and her son were allotted in same period. So that the opposite party terminated the gas connection vide consumer No.10279. The act of opposite party can't be considered as deficiency in service on their part. "Holding two gas connections with same house hold is against the provisions of the LPG (Regulation of Supply and Distribution Order) 2010". Now the complainant is residing alone in her house and having seperate ration card.
In the result the complaint partly allowed and we order the following;
The complainant is directed to produce the ration card before opposite party
Opposite party is directed to allot domestic gas connection within 15 days from the production of ration card.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for an amount of Rs.5,000/-.
Pronounced in the open court on this the 31st day of October, 2011
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha. G. Nair
Member
Sd/-
Smt. Bhanumathi.A. K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext. A1—Copy of letter sent by the opposite party dated 11/12/2009.
Ext.A2 - Copy of letter sent by the opposite party dated 19/02/2010
Ext.A3 – Copy of Ration Card No.1948191801.
Ext.A4 series – Letter sent by the complainant dated 10/1/02 to the Secretary, Pattambi
Grama Panchayath along with postal receipts and acknowledgment card.
Ext. A5—Original of National Population Register Acknowledgement Slip issued on
8/5/2010.
Ext. A6 —Original letter of Right Information Act issued by the Public Information Officer, Ottapalam
Complainant cross examined
PW1 – Jessy Martha
Exhibits marked on the side of the complainant
Ext. B1—Copy of letter sent by the opposite party dated 11/12/2009.
Ext. B2—Original of Reply Lawyer notice issued by the complainant dated 23/12/2009.
Ext. B3—Original of reply letter issued by the opposite party dated 15/01/2010.
Ext. B4—Original of letter sent by the opposite party dated 19/02/2010.
Ext. B5—Copies of Customer history cards issued by the opposite party dated 30/04/2006
Ext.B6 – Reply received from Taluk Supply office, Ottapalam under RI Act dtd.5/6/10
Commissioner Report
Ext.C1 – C.B.Anand
