By: Smt. R.K.Madanavally, Member
Brief Facts
The complainant is a senior citizen and a consumer under opposite party. His consumer No. is 2422. On 9/1/14, when the cylinder was brought in to the complainant's residence, opposite party demanded Rs.1340/- from complainant which is an excessive amount than the normal charge. Thereafter opposite party supplied one refilled cylinder for Rs.450/-. According to the complainant, the opposite party is levying different charges from the customers and hence this complaint.
According to opposite party Govt. of India had made change in the supply and distribution of LPG to the domestic consumers from August 2013. Aadhar linked direct transfer of subsidy to the consumer's bank account was implemented during this period. From 2013 August onwards, the price of the LPG varies from month to month and was fixed by the company. The price were in August Rs.990/-, in September Rs.990/-, in November Rs.1005, in December Rs.1070, in January Rs.1305/- and in February Rs.1195/-. The consumer has to pay the above amount for refill of cylinders. Even though the amount varies from month to month, the consumer will not loss any amount. The difference in subsidy amount will be credited to the respective bank account of the consumer.
In the above case the vehicle was sent to Puramannur area where the complainant resides on 9/1/14 for supply of refill cylinders to the other customers, who have seniority in booking. On the above date the complainant's booking was only 11 days old and his cash memmo was not generated. The complainant requested a cylinder and the delivery boy demanded the MRP for the month of January ie Rs.1340/- including the transportation charge. Though the complainant insisted the bill, the boy informed him that his the cash memmo was not generated since, his booking seniority has not been matured.
Due to the above reasons the cylinder was not supplied to the complainant. The complainants booking was matured on 30/1/14 ie, after 32 days of the booking. It is the normal delivery time for a booking and the complainant had taken the delivery of refilled cylinder, on 30/1/14.
The Govt. policy was published though media, press , flex banner and the opposite party's notice board etc. The opposite party had only charged the MRP plus transportation charge. The rates were fixed by the ministry of Petroleum and Natural gas under the central Govt. for all the three oil companies . The complainant will not loss any amount due to the variation. The above statement of subsidy will credited in to his bank account. Hence the complaint has to be dismissed with cost.
The main issues to be answered his question are;
(1) Whether the opposite party has received any over charge from the complainant.
(2) Whether there is any deficiency in service on the part of the opposite party?
(3) If so relief and cost.
Point No.1 and 2.
The complainant filed Chief Affidavit and E xt. A1 was marked. Ext. A1 is the photo copy of the pass book. Opposite party has not filed any Chief Affidavit. Some documents were filed along with version. Thereafter no representation on the part of the opposite party.
The specific case of the complainant is that opposite party has demanded an excessive rate for his cylinders ie Rs.1340/-. It is admittedly true that some technical difficulties were happened during these period in connection with the central Govt. Policy So from the amount collected from the customers, subsidy were credited in to the account of the customers.
While discussing the above case, in the month of January opposite party has demanded Rs.1340/- for one cylinder including transportation charge. The price is to be discussed here is whether the above amount is as illegal amount? One document produced by the opposite party is Ext. B1, it is seen that Rs.1240/- is the rate of one cylinder. Hence as amount of Rs.100/- was demanded as over charge by way of transportation charge. As far as the transportation charge is concerned, it is fixed by the District Collect from time to time. In the version opposite party submitted that Rs.1340/- is the price for one cylinder. But their own document shows that Rs.1240/- is the amount for one cylinder during that month. By demanding Rs.100/- as excess charge opposite party has committed gross deficiency in service. Hence the first 2 points are is answered accordingly.
Point No.3
In view of the above discussion, we order that opposite party shall pay Rs.3000/- as compensation and a cost of Rs.2000/- to the complainant with in one month from the date of receipt of the copy of this order failing which opposite party shall further pay 6% interest upon the above amount from the expiry of the above fixed one month.
Dated this 5th day of April, 2016
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Moideenkutty Vazhayil, Complainant
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Photo copy of pass book
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : B1
Ext.B1 : Delivery charge details.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
