Kerala

Trissur

CC/08/673

V.H.Basheer - Complainant(s)

Versus

Proprietor,Panakkal Gas Agency - Opp.Party(s)

Adv.A.D.Benny

30 May 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/08/673

V.H.Basheer
...........Appellant(s)

Vs.

Proprietor,Panakkal Gas Agency
Chief Area Manager
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):
1. V.H.Basheer

OppositeParty/Respondent(s):
1. Proprietor,Panakkal Gas Agency 2. Chief Area Manager

OppositeParty/Respondent(s):
1. Adv.A.D.Benny

OppositeParty/Respondent(s):




ORDER

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By Smt. Padmini Sudheesh, President:
 
            The complainant’s case is as follows. The complainant applied for a new gas connection through the first respondent and the booking number is 18356/20/12/06 and it was informed about the sanctioning of gas connection. Since the complainant was abroad his wife approached the respondents with the authorization letter. But the gas connection was not released. The complainant himself requested on 6.6.08 but was not given. So a lawyer notice was issued on 23.7.2004. But there was no remedy. Hence the complaint. 
 
            2. The counter of first respondent is as follows. The intimation letter dated 27.4.07 regarding the allotment of gas connection was forwarded to the complainant under certificate of posting and it was true that the complainant’s wife approached with the authorization letter. But as per the directions of the Indian Oil Corporation the gas connection can only be released to the allottee and no gas connection can be released to authorised persons. As per the directions of the Indian Oil Corporation the intimation has only 60 days validity. The allottee has to release the connection within 60 days and after 60 days the allottee has to apply with the Area Office of Indian Oil Corporation to get the gas connection. These things were informed to the complainant’s wife. So no deficiency in service can be alleged against the respondents. Hence dismiss the complaint.
           
            3. The points for consideration are:
 
(1)   Is there any deficiency in service on the part of the respondents?
(2)   If so, reliefs and costs.
 
            4. The evidence consists of Exts. P1 to P4 and Ext. R1. 
 
            5. Points-1 & 2: The complainant’s case is that he was allotted a new gas connection as per his application and it was intimated to him on 24.4.07. But it was not released even though his wife approached the respondents with the authorization letter since the complainant was in abroad. The complainant met them on 23.7.08 and the gas connection was not released. The counter is that the Indian Oil Corporation has directed not to release the gas connection through authorization and the intimation letter has only 60 days validity and the allottee has to release the gas connection within the validity period. Ext. R1 is the Circular No.3A/2007-08 dated 25.4.07 issued by the Chief Area Manager, Indian Oil Corporation wherein it has been instructed not to release new domestic connection against authorization letters. These conditions are included in circulars with the only intention of avoiding misuse. Here the demand of complainant is genuine. In the Ext. R1 itself it is stated that cylinders can be released to the registered applicant as and when he can come in person to sign the documents, etc. The only intention is avoidance of misuse. Here the demand of complainant is genuine and is entitled to get the connection to his authorised wife. But another reason for refusal stated is delay. According to the first respondent, the intimation letter dated 27.4.07 has only 60 days validity and if not accepted the connection within that time he has to approach the second respondent for getting connection. But there is no document produced to show that this procedure to be followed by a person after the expiry of 60 days. The first respondent has produced Ext. R1 only to show the conditions of release of new connections. The second respondent is a party and remained exparte in the case and no explanation put forward.
 
            6. In the result complaint is allowed and the respondents are directed to provide gas connection to the complainant and further directed to pay Rs.2000/- (Rupees two thousand only) as compensation and Rs.500/- (Rupees five hundred only) towards costs to the litigation within one month.
 
            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of May 2009.



......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S