BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

            Dated this the 27^th day of April 2018

                                                                             Filed on : 21.12.2015

PRESENT:

Shri. Cherian K. Kuriakose,                                                 President.

Shri. Sheen Jose,                                                                 Member.

Smt. Beena Kumari V.K.                                                      Member.

                        C.C.No. 834/2015

                                   Between      

                                                        O R D E R

Sheen Jose, Member

1.  A brief statement of facts of the case is as follows:

The complainant is a teacher working in Mookambika Vidya Nikethan at North Paravur.  This case is filed by the complainant alleging deficiency in service and unfair trade practice on the part of both the opposite parties. The 2^nd opposite party is the Oil Company, Indian Oil Corporation and the 1^st opposite party is their distributor. The complainant had assigned with the consumer No. 9167727 by the 2^nd opposite party in response to the request of the complainant to issue gas connection vide her application dated 19.05.2014. The 1^st opposite party distributor had supplied two gas cylinders for her use initially. Thereafter the gas cylinders were supplied to the complainant by the 1^st opposite party in every 1½ months period ie., she was supplied with gas cylinder on 27.09.2014, 24.11.2014, 24.01.2015, 30.03.2015, 09.05.2015 and  25.07.2015.  The complainant contended that after 25.07.2015 the gas cylinder was supplied only on 08.10.2015. During the period from 25.07.2015 to 08.10.2015 the complainant had approached the 1^st opposite party distributor many times. Even then she got the cylinder only on 08.10.2015 for which she had to suffer so much inconvenience and monetary loss.  The complainant contended that she is entitled to get gas cylinders every month ie., she is entitled to get 12 gas cylinders per year. The complainant booked a gas cylinder on 31.10.2015 therefore, it is contended that she is entitled to get the gas cylinder after 20 days ie., on 20.11.2015. It is submitted that the complainant and her family had to purchase food and water from outside since the 1^st opposite party had not supplied the gas cylinder within 20 days from 31.10.2015.  No satisfactory explanation given by the 1^st opposite party distributor to the enquires made by the complainant about non supply of gas cylinders in time. Instead the 1^st opposite party misbehaved and asked the complainant to file a suit if she is aggrieved by the non-supply of the gas cylinder. The complainant contended that the 1^st opposite party delayed the supply of gas cylinder only to the complainant and the 1^st opposite party was selling the gas cylinders in black market. The complainant submitted that she had explained to the 1^st opposite party about a gas connection taken by her husband Sri.Vinod on 14.12.2015. Hence this complaint is filing seeking directions from this Forum to the opposite parties to pay Rs.10,000/- towards compensation for the mental agony and inconvenience suffered by the complainant by the deficient service offered by the opposite parties along with costs.

2)      Notices were issued to the opposite parties and the opposite parties filed their version as stated below:

3)      Version filed by the 1^st opposite party.

It is submitted by the proprietor of the 1^st opposite party distributor- Shoan Indane Services that she is a widow of Late Jawan Jafferkhan and she is running the above business from 2009 onwards and she had 11432 domestic and non-domestic customers.  It is submitted that the booking of the LPG gas cylinder is being done through the centralized online booking system of the 2^nd opposite party IOC and there is no deficiency in service on the part of the 1^st opposite party.  It is further submitted that the complainant had double connection and she is being sponsored by on Udayan the money lender against whom the 1^st opposite party had already lodged a criminal case and he is trying to obstruct the business of the 1^st opposite party. It is submitted that the complainant did not approach the opposite parties as alleged in the complaint. On getting the notice from this Forum the 1^st opposite party had contacted the complainant but the complainant was very reluctant to respond positively to settle the matter. It is submitted that the 1^st opposite party is prompt in making delivery of gas cylinders except during the strikes period of the bottling staff loading staffs, delivery staffs, Harthal, and during the delay in getting refilled cylinders. The averment of the complainant relating to the hotel food and mineral water purchased by her etc are false and exaggerated and without any supporting evidences. Therefore it is prayed that the complaint may be dismissed.

4)      Version of the 2^nd opposite party

The 2^nd opposite party is Government Oil company and the 1^st opposite party who is a widow of a BSF Jawan was appointed as a distributor by the 2nd opposite party. The 2^nd opposite party did not receive any complaint from the complainant as stated in the complaint filed before this Forum. The issues arise in this case since the complainant had not initially given her Adhar No. for claiming subsidy. She had given her bank account number only and she had submitted her adhar number during November 2015 and the 1^st opposite party seeded her adhar number in the customer master and thus the scheme was changed from Bank Transfer Compliant (BTC) to Cash Transfer Compliant (CTC) and on that time the earlier booking date 31.10.2015 seems to have got cancelled and the 1^st opposite party realized the above fact when the complainant made a complaint about the non-receipt of refill on 16.12.2015. The 1^st opposite party immediately booked the refill cylinder manually on 16.12.2015 itself and the refill was delivered on 18.12.2015.  It is submitted that there was no willful action on the part of the opposite party in delay occurred in supply of the refill to the complainant. The 2^nd opposite party denied the quantification of the monetary loss alleged to have been suffered by the complainant. The 2^nd opposite party therefore sought for the dismissal of the complaint with costs.

5)      Evidence in this case consists of the oral evidence given by the complainant as PW1 and the documentary evidences which were marked as Exbt.A1 to A5. The opposite parties neither adduced documentary evidence nor oral evidence.

6)      Issues came up for considerations are as follows:

1. Whether the complainant has proved deficiency in service or unfair trade practice on the part of the opposite parties?
2. Whether the opposite parties are liable to pay Rs.10,000/- towards compensation for the mental agony and monetary loss if any, suffered by the complainant along with costs?

7)      Issue No. (i)

The main issue raised in this complaint is regarding the non-supply of refill cylinder to the complainant on booking the same on 31.10.2015.  The complainant claims that she is entitled to get the refill cylinder after 20 days ie. on 20.11.2015.  But she did not get a refill cylinder on 20.11.2015. Exbt. A5 customer document details furnished by the complainant and issued by the 1^st opposite party distributor were verified by this Forum and it is seen that the complainant had booked the refill cylinder on 31.10.2015and the corresponding columns against 31.10.2015 are found vacant, showing that the complainant was not supplied with refill cylinder in response to the booking made by her on 31.10.2015.  The 2^nd opposite party issued the Exbt.A4 letter wherein it is stated that it is their effort to give refill within 48 hrs of booking.  However, due to reasons beyond their control such as shortage of product, transport bottlenecks, transport/contract workmen strike etc supply of refill cylinder is getting delayed and they cannot say a definite date for the supply of refill cylinder.  In this particular case, there is no such situation occurred therefore, it is evident that delay had occurred in supplying the refill.  Further in the version of the 2^nd opposite party in paragraph 3, it is submitted that the when the complainant submitted the adhar no. in November 2015 the scheme changed from BTC to CTC.  The earlier booking date on 31.10.2015 was automatically call cancelled and it was the reason for the delay in supply to the refill to the complainant.  Thus it is proved that there was system error of the computer of the 2^nd opposite party for which the complainant need not suffer for the deficiency in service on the part of the 2^nd opposite party.  Therefore the 2^nd opposite party is liable to compensate the complainant for the above deficient service.  We fix the compensation an amount of Rs.5,000/- .   

8)      The complainant has spent his valuable time and money to contest the case before the Forum. Hence she is found entitled to get costs.  Hence we fix the costs at Rs.2,000/- towards costs of the proceedings from the 2^nd opposite party.

9)      In the result we partly allow the complaint and direct as follows:

1. The 2^nd opposite party shall pay Rs.5,000/- towards compensation for the deficient service suffered by the complainant.

2) The 2^nd opposite party shall also pay Rs.2,000/- towards costs of this proceedings to the complainant.  `

The above orders shall be complied with, within 30 days from the date of receipt of this order, failing which the compensation amount shall carry 12% interest p.a. from the 31^st day of receipt of a copy of this order till the date of payment. 

      Pronounced in the open Forum on this the 27^th day of April 2018.

                                                  Sd/-Sheen Jose, Member

                                                   Sd/-Cherian K. Kuriakose, President

                                                   Sd/-Beena Kumari V.K., Member

                                                       Forwarded by Order

                                                       Senior Superintendent

APPENDIX

Complainants Exhibits

Opposite party's Exhibits:          Nil     

Date of Despatch        :

                   By Hand    :

                   By Post      :