By Sri. K. Gheevarghese, President:<br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The complaint in brief is as follows:- The Complainant is a consumer of L.P.G distributed by the 1st Opposite Party. From the very beginning of gas connection the 1st Opposite Party has been not distributing gas punctually. When ever the 1st Opposite Party was contacted for the supply of L.P.G refilled cylinders the 1st Opposite Party has been in practise of evading from the liability. The non distribution of the refilled cylinders upon the request of the Complainant is absolutely a deficiency in service. The assurance given by the Opposite Parties that on booking the gas it would be distributed in time were not kept up. It is widely talked that the 1st Opposite Party instead of supplying the refilled cylinders to the consumers sells it out side to make unaccountable profit. There has been the delay of 73 days in supplying the refilled cylinders to the Complainant. There may be an order directing the Opposite Party to receive the booking of gas cylinders beyond the time limitation and the supply of cylinders are to be done as per the provisions of law. The Complainant also prays for a compensation of Rs.5,475/- along with cost. <br /> <br /> 2. The Opposite Parties filed version. The sum up of the version filed by the 1st Opposite Party is as follows: The Complainant was a consumer of L.P.G connection. In two different numbers the Complainant has been in use of L.P.G connection and it is against the provisions. The complainant was asked to surrender one of the connection. The consumer No.623564 is the connection number of the Complainant which exist at present. The 1st Opposite Party supplied gas cylinders on the delivery date itself when booking was done. The Complainant was given the refilled cylinders till 24.4.2006. The allegations of the Complainant that the delivery of the refilled cylinders were not done in time is absolutely a false done. There is no deficiency in service on the part of the 1st Opposite Party.<br /> <br /> 3. An additional version also filed by the 1st Opposite Party. The address shown as 2nd Opposite Party is no more in existence. The Regional Office and supervising authority of the 1st Opposite Party is in Mangalore. There is no defect or any deficiency in service receiving the booking and the supply of the gas cylinders. If any delay evented it was only due to the shortage of the production. The complaint is not maintainable and it is to be dismissed with cost.<br /> <br /> 4. As per the order in IA 128/2006 the 3rd Opposite Party is supplemented. The sum up of the version filed by the 3rd Opposite Party is as follows:- The addressee as shown in the cause title of the complaint as the 2nd Opposite Party is not in existent. The supply of domestic gas in the region is controlled and restricted by various factors. The availability of the gas is related to the supply and distribution of the crude oil. The price hike of crude oil resulted in the production and it is also governed by the policy of central government. From 2005 onwards the supply of gas cylinders is affected with fluctuation in the price of crude oil in the world market. The shortage of refiled gas is a phenomena which affected the country in the large extent. There is no deficiency in service on the part of the 3rd Opposite Party. The production of L.P.G and the collection of crude oil is widely planned by the Government of India to meet the demand. There is no willful latches on the part of this Opposite Party in supply of the gas. The complaint is to be dismissed with cost to the 3rd Opposite Party. <br /> <br /> 5. The 2nd Opposite Party was later stuck off on the petition filed by the Complainant <br /> <br /> 6. The points in consideration are:-<br /> 1.Whether any deficiency in service on the part of the Opposite Party?<br /> 2.Relief and cost. <br /> <br /> 7. Point No.1:- The Complainant filed the affidavit swearing the contentions. Ext.A1 to A7 are the documents produced by the Complainant. Opposite Parties filed affidavit and documents Ext.B1 to B11 are marked supporting their contentions. The Complainant and the 1st Opposite Party tendered oral evidence apart from the documentary evidence.<br /> <br /> 8. The case of the Complainant is that the L.P.G supply for the domestic purpose of <br /> the Complainant has been not done properly. There are inordinate delay in the supply of gas. The 1st and 2nd Opposite Party contented that the distribution and supply of L.P.G for domestic purpose is governed by the production and distribution. The policy and planing of the central government act upon the distribution of the gas. It is also highly related to the availability and the rise in price of crude oil. The delay in distribution of the gas is due to the back log. Ext.B5 is the extract of the gas booking register from 19.7.2007. Ext. B6 is the copy of the refill sale register from 19.7.2007 to 25.9.2007. The Complainant has been in use of two number L.P.G connection. The connection No.609474 is surrendered upon direction and the consumer No.623564 is in occupancy of the Complainant. According to the Complainant in the relevant period there were delay in supply of gas. The document Ext.B2, the consumer history card from 10.6.2005 to 22.4.2006 related to the consumer No. 623564 of the Complainant shows that in supply of L.P.G cylinder to the Complainant there is a delay of 58 days. On 19.9.2007, 11.10.2007, 14.11.2007, 1.11.2007, 17.11.2007 and 17.12.2007 the Complainant booked for L.P.G cylinder and if any delay effected it is not brought out in evidence. Whereas the Ext.A4 is the true copy of the relevant page of the subscribers book which explains the delay in supplying the gas by the 1st Opposite Party. More over the 1st Opposite Party has no such case that the non distribution of the gas is due to back log.<br /> <br /> 9. The 1st Opposite Party produced the copy of invoice register, refill sale register and refill booking register which all are from the date of 19.9.2007 onwards. The matter in consideration mainly confines during the period of 10.6.2005 to 22.4.2006, the relevant period when incured the delay of 58 days in supply of L.P.G. The 1st Opposite Party the agency of the 2nd Opposite Party has not produced the documents related to the supply and stock of the L.P.G cylinders used for domestic purpose. The non production of the documents with respect the stock and distribution of the L.P.G for domestic purpose cannot be viewed lightly. The 2nd Opposite Party has not given any oral testimony. The 1st Opposite Party on oral testimony gave out that there is back log in large quantity. The production and distribution are related to one another. In case of any lack of availability of L.P.G gas to the 1st Opposite Party it could have been proved on producing records substantiating it. Here the 1st Opposite Party has not produced anything in that effect. The supply of L.P.G is to be done according to the L.P.G (regulation of supply and distribution) order 1985 regarding the delivery system the order reads “it is there essential for the distributer to have an efficiency system under which refills are delivered with great promptness and not later than 24 ours from the time the call for a refill is received. It is clear from the order that the supply of L.P.G to the consumers must be done effectively”. The distributing agency has to maintain records with respect to back log. The 1st Opposite Party has not produced any document to establish the extensity of the back log. The delay in distribution to the Complainant is a deficiency in service which is to be compensated.<br /> <br /> 10. Point No.2:- The Complainant has not brought out in evidence that there is delay of 73 days as sworn in the chief affidavit excluding the delay of 58 days in delivery as per the Ext.A4. The Complainant is to be compensated with Rs.100/- for each day of delay and along with cost. The 2nd Opposite Party Party is only the distributer of the L.P.G to the 1st Opposite <br /> Party. Whether any latches is there on the part of the 2nd Opposite Party in distribution of the gas is not brought out in evidence. There is deficiency in service in the delayed supply of L.P.G to the Complainant. The delay in supply of L.P.G cylinder to the Complainant is to be compensated with Rs.100/- for each day of delay.<br /> <br /> In the result, the complaint is partly allowed. The 1st Opposite Party is directed to give the compensation of Rs.5,800/- (Rupees Five thousand Eight hundred only) along with cost of Rs.1,000/- (Rupees One thousand only) within one month from the date of receiving this order.<br /> <br /> Pronounced in open Forum on this the 31st day of October 2008.