By Jayasree Kallat, Member:

            Abdul Hameed, applicant in the domestic LPG connection vide Registeration No. PGA W/L 11067 has authorized Moosa K.V. of Naripatta Amsom, Cheekunnummal Desam to present the case before the Forum as his representative.  Moosa K.V. produced the Power of Attorney given to him by Adbul Hameed.  The case of the complainant is that he had registered on 21-8-2000 as a consumer for domestic LPG connection vide registeration No. PGA W/L 11067 with the first opposite party. The petitioner and his family members contacted the first opposite party several times but they did not get the connection.  Petitioner had received the answer from the opposite party that the connection will be released if the petitioner is ready to take gas stove or cooker and also to pay Rs.3500/- towards the connection charges.  The petitioner did not get the gas connection till the date.  The act of the opposite parties are negligent and deficient in service and opposite party has adopted unfair trade practice.  The petitioner has approached the Forum to get gas connection and compensation for the delay in providing gas connection to the petitioner.

            Opposite party-1 the gas agency has filed a version denying the averments in the complaint except those that are expressly admitted.  Opposite party-1 denies the averments that the petitioner has registered as a consumer for domestic LPG connection vide Registeration No. PGA W/L 11067 on 21-8-2000.  Opposite party-1 also denies that the complainant and his family members contacted the first opposite party regarding the connection.  The averments of the petitioner that opposite party-1’s office asked the petitioner to pay Rs.3500/- towards the connection charge and also to take gas stove or cooker is denied by opposite party-1.  The petitioner has issued a notice on 18-7-08, to which opposite party-1 has sent a reply.  Opposite party-1 has not done any mal practice.  There was no negligence or deficiency of service on the part of opposite party-1.  The applicant No.11067 is of one Hameed. P.P. and not the petitioner.   The applicants who has booked domestic LPG connection till 25-11-2000 was given connection without any delay.  Applicant No.11067 has not approached opposite party-1 till July 2008 for getting the LPG connection.  Identity proof or resident proof was not produced by him.  If the applicant approached opposite parties with the I.D. proof and residence proof the opposite party will give connection.  As there was no deficiency of service on the part of opposite party-1, opposite party-1 prays to dismiss the petition.

            Opposite party-2 also filed a version denying the allegations and averments in the complaint.  A scrutiny of records show that the application No.11067 stands in the name of one Hameed.P.P.  The residence address of the complainant and that of the application No.11067 appears to be the same.  If the complainant produced strict proof of his identity only the opposite party-2 can give connection as there is a specific condition in the application that the application is not transferable.  It cannot be true that the application No.11067 dated 21-8-2000 was not provided gas connection by opposite party-1.  The application No.11067 is dated 21-8-2000.  All applicants who had booked domestic LPG connections till 25-11-2000 were intimated to approach the distributors and of such applicants who responded to the intimation and approached the distributors were provided connection without any delay.  If the applicant No. 11067 had responded to the intimation and approached the first respondent with his identity proof and residence proof he would have got the connection.  It is only on 18-7-08 that the complainant made a demand for the connection for the first time.  At present there are about 3000 applicants in the waiting list for new connections.  Under the circumstances there was no fault on the part of opposite parties.  If there were any latches it was on the part of the complainant himself.  The Dy. Sales Manager of LPG has made an enquiry after receipt of the notice from the Forum.  Enquiry found that the applicant No. 11067 is employed in Qatar and comes to India once in two years.  It is evident that it was only due to non response from the applicant that he was not provided with connection.  Opposite party-2 also submitted that they are ready to provide gas connection to applicant No.11067 on production of his proof of identity and residence.  There was no deficiency or unfair trade practice on the part of opposite party-2.  Opposite party-2 is not liable to pay any amount to the complainant.

            The only point for consideration is whether the complainant is entitled for any relief?

            Complainant’s Power of Attorney holder was examined as PW1 and Ext.A1 to A5 were marked on complainant’s side.  Opposite party-2 was examined as RW1.  No documents were filed by the opposite parties.

            The case of the complainant is that he had registered under opposite party-1 vide registeration No. PGA W/L 11067 for getting gas connection on 21-8-2000.  According to the complainant opposite parties did not give gas connection till now.  Complainant is alleging deficiency on the part of opposite parties and also unfair trade practice adopted by the opposite parties.  Even though complainant has stated that he has registered on 21-8-2000 he failed to produce the concerned documents.  But both opposite party-1 and 2 have stated in their version that the registeration No. PGA W/L 11067 stands in the name of one Abdul Hameed.  The opposite parties failed to provide connection because consumer for the registeration No. 11067 did not produce identity proof or residential proof.  But opposite party-2 in their version Page-2 Para-5 has stated that they have made an enquiry after receipt of the notice from the Forum and found that the applicant No.11067 is employed in Qatar and comes to India once in two years.  In para-3 of the version opposite party-2 has submitted that the application No.11067 stands in the name of one Hameed.P.P. and residence address of the complainant and that of the applicant No.11067 appears to be same.  The version of opposite party-1 and 2 would reveal that a person called Abdul Hameed.P.P. had applied for connection as Register No. PGA W/L 11067 the address of the petitioner and the applicant of registeration No.11067 are the same.  The petitioner has produced a letter of version from the Embassy of India, Doha-Qatar which states that Abdul Hameed, Puthenpurakkal authorizes Moosa to conduct the case.  This shows that Abdul Hameed is at present in Qatar.  Moosa Haji was examined as PW1 who stated that Abdul Hameed is working in Qatar from 1999 onwards.  PW1 has also deposed that “ph£a® L¬¡o¢c® A©dÈ¢µ¢y¼¤.  cØt 11067 Bi¢¶®. AY¢¨Ê Hs¢Q¢cv J¡X¡c¢¿. PW1 states in his deposition page-2.dj¡Y¢´¡j¨Ê ©dj® Afï¤w ph£a® F¼¡X®.  d¢.d¢. ph£a® F¼ ©dy« DÙ®.  d¤·ud¤ji¢v ph£a®. d¢.d¢. ph£a® F¼ ©dy« DÙ®. From the evidence of PW1 it can be concluded that Abdul Hameed who is the petitioner herein and applicant for gas connection vide registeration No. 11067 are one and the same.  A perusal of Ext.A4 would show that an applicant Hameed.P.P. vide registeration No.11067 had applied for gas connection on 21-8-2000.  It has come out in evidence that the petitioner has lost his application original receipt.  From the version of opposite party-1 and 2 we have found out that no person has approached the opposite party for gas connection vide registeration No. 11067.  From this it can be concluded that the petitioner was the applicant of the registeration No.11067.  If so we are of the opinion that the complainant is entitled for gas connection as early as possible.

            In the result the petition is allowed and opposite parties is directed to give gas connection to the complainant within one month of receiving the copy of the order.  No order to compensation or cost.

Pronounced in the open court this the 15th day of March 2010.

            Sd/- PRESIDENT                    Sd/- MEMBER                        Sd/- MEMBER

APPENDIX

Documents exhibited for the complainant:

A1.  Copy of Lawyer notice dt. 18-7-08.

A2.  Acknowledgement card.

A3.  Reply notice dt. 14-8-08.

A4,  Photocopy of receipt dt. 21-8-2000.

A5.  Application for LPG connection.

Documents exhibited for the opposite party.

                        Nil

Witness examined for the complainant.

PW1.  Moosa Haji, Power of Attorny Holder of complainant.

Witness examined for the opposite party.

RW1.  Krishna Moorthy, G1, D. Block, P.V.S. Park, P.O. Kuthiravaoom,

            Calicut- 673 016.

                                                                        Sd/- President

                        // True copy//

(Forwarded/By order)

SENIOR SUPERINTENDENT.