By Smt. Beena. M, Member:-
This is complaint preferred under Section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant is the Consumer of the Opposite Parties gas agency vide consumer No. 609656. The Opposite Parties are distributing required gas cylinder to the Complainant. The Complainant usually used to book the gas cylinders through online. While booking, confirmation message would come in the mobile phone. The Complainant received 1671659 number cash memo message and also delivery confirmation message. The 1st Opposite Party fraudulently booked the cylinder using the Complainant’s consumer number without the Complainant having booked it and earned money by giving it to another person. When the Complainant asked about the above matter, they avoided giving a clear answer. Then, on 16.03.2022, the Complainant had booked the gas as per booking No. 561287. Thereafter, on 21.03.2022, the Complainant received cash memo message showing that the cylinder has been delivered on the same day, but the cylinder was not actually been delivered to the Complainant. Even though the Complainant informed the same to the Opposite Party through phone, on 22.03.2022, they had not given the cylinder. When the Complainant on 23.03.2022 approached the 1st Opposite Party directly, they escaped by saying that they were not giving cylinder due to non availability of gas cylinder. Thereafter, the Opposite Party delivered the gas cylinder to the Complainant on 30.03.2022. The Complainant stated that the Opposite Party acted to charge the excess price by knowing the increase of price of the gas cylinder. The notification of increased price of the gas cylinder came into force on 22.03.2022 and the 1st Opposite Party demanded the increased price for the cylinder. Later, the Opposite Party delivered the gas cylinder at the old rate on the basis of the complaint made by the Complainant. The Complainant received the cylinder 10 days after the receipt of message showing that the cylinder was delivered. The above said act of the Opposite Party is unfair Trade Practice and deficiency in service which caused difficulties to the Complainant. Hence, this Complaint.
3. Upon notice from the Commission, the Second Opposite Party appeared before the Commission and filed version. Though the notice was served to the 1st Opposite Party, they did not appear before the Commission. Hence the 1st Opposite Party was set ex parte.
4. The version of the Second Opposite Party is as follows:- The Second Opposite Party is only the marketing company functioning under the Government of India undertaking. The 1st Opposite Party is the dealer of the Second Opposite Party and the Complainant is the customer of Opposite Party No.1. The 1st Opposite Party is alone is liable for their own acts and omissions. As per clause 18 and 19 in the Dealership Agreement dated 21.06.2021, as executed between the Opposite Party No.1 and 2, it is further submitted that Opposite Party No.2 is no manner liable for the claims which may be brought by the customers of Opposite Party No.1. The Opposite Party No.2 contended that the Complainant has stated in the complaint that though the LPG cylinder was booked vide cash memo No. 1675931 on 16.03.2022 was delivered only on 30.03.2022 is incorrect. The Opposite Party stated that the Complainant had received cylinder vide cash memo No. 1675931 on 21.03.2022 as per the record maintained by the Opposite Party No.1. The earlier booking as per cash memo No. 171659 was delivered to the Complainant on 07.03.2022. Apart from the above said facts, the date of delivery between the 1st Opposite Party and the Complainant as per the terms and conditions are only tentative to avoid any unavoidable circumstances that may delay the delivery. The Complainant had failed to demonstrate as to what services were offered by the 2nd Opposite Party, since Opposite Party had not provided any service directly to the Complainant. As per clause 3 of the dealership agreement, the Opposite Party No.2 shall not be made liable for any loss or damage from any delay in shipping or delivering or from failure to ship or deliver LPG cylinders ordered whatever may be clause of such failure of delay. As per clause 5 of the dealership agreement dated 21.06.2021, it is the sole duty of the 1st Opposite Party to deliver the cylinder from their storage premises to the customer’s premises. Hence, the Opposite Party No.2 prayed for dismissal of the complaint with compensatory cost.
5. On perusal of Complaint, Version and Documents, Commission raised the following points for consideration:-
1. Whether there is any deficiency in service on the part of Opposite
Parties ?
2. Whether the Complainant is entitled to get any relieves as prayed for?
6. Point No. 1 and 2:- For the sake of convenience and brevity both points are considered together.
7. The Complainant had adduced oral evidence. He was examined as PW1 and the documents produced were marked as Ext. A1 & A2 series. On the side of Opposite Party, B. Babu Singh, OPW1 was examined. The Complainant alleged that he had booked for a refilled domestic cooking gas cylinder with Opposite Party on 16.03.2022 and got it only on 30.03.2022. Due to non supply of gas cylinder, the Complainant had suffered much mental agony and constrained to purchase firewood for cooking. Ext. A1 is the copy of the consumer book of the Complainant. On considering the fact that Ext A1 contains only the history up to 22.02.2022, we relied on the print out of the messages sent by the 1st Opposite Party to the Complainant and found that there had delay in getting cylinders. The Complainant alleged in the complaint that the cylinder was delivered to him only on 30-3-2022. This allegation of the Complainant has not been challenged and disproved by the 1st Opposite Party as they were ex-parte. It is seen that the allegation is against the 1st Opposite Party.
8. The Liquefied Petroleum Gas (Regulation of supply and distribution) order 2000 provides as follows: Order 9 (a) Procurement storage and sale of liquefied petroleum gas by a distributor:-No distributor having stock of liquefied petroleum gas at the business premises including storage point shall unless otherwise directed by a government oil company or a parallel marketer, refuse to sell LPG on any working day during working hours, to the consumer registered with that distributor. (c) Every distributor shall take steps to ensure that stocks of liquefied petroleum gas are available at the business premises including storage point, at all times.
9. So the above order makes it clear that the 1st Opposite Party is bound to maintain sufficient stocks of LPG at the business premises and therefore, he could not even contend that sufficient stock was not available with him. In our view the non supply of refilled gas cylinder on demand at least within a period of 48 hours from the date of booking is a violation of the order and it is an unfair trade practice on the part of the Opposite Party. There is no doubt that the Complainant might have suffered due to the non supply of cooking gas cylinder within a reasonable time. Supply of LPG as kitchen fuel is covered by the Essential Commodities Act, which requires the gas cylinder should be delivered within 48 hours of booking. Hence the 1st Opposite Party is liable to compensate the Complainant.
10. In the result the complaint is partly allowed and the 1st Opposite Party is directed to pay Rs.1,200/- (Rupees One thousand Two hundred only) as compensation with cost of Rs.6,000/- (Rupees Six thousand only).
The above order shall be complied within 30 days from the date of this order, failing which the above amount shall carry 8% interest per annum from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 18th day of January 2024.
Date of filing:17.08.2022.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. C.T. Thomas. Complainant.
Witness for the Opposite Parties:
OPW1. B. Babu Singh. Asst. Sales Manager.
Exhibits for the Complainant:
A1. Copy of Pass Book.
A2 series. Print out of Phone Messages.
Exhibit for the Opposite Parties:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/-
