Date of filing : 27-10-2011
Date of order : 01 -08-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.278/2011
Dated this, the 1st day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
K.Abdul Nasir, } Complainant
Joint Secretary, Consumer Society,
Manjeshwar, S/o. U.Abdul Rahiman,
B.S.nagar, Po.Kunjathur, 671323.
(In person)
Shobha Naik, M/s. Anantha Gas Agency, } Opposite party
Hill Side Cross Road,
Near Nithyananda Bhajana Mandira,
Hosangadi. Po.Manjeshwar.671323.
(Adv. M.Mahesh, Kasaragod)
O R D E R
SMT.P.RAMADEVI, MEMBER
The facts in brief are as follows:
The complainant is a consumer of opposite party. The refill LPG cylinder was delivered to the complainant on 17-09-2011 and thereafter he booked another refill cylinder on 22-09-2011 and he received a message on 28-09-2011 that the refilled cylinder of the above booking will be delivered within 48 hours. But the refilled cylinder was not delivered to him by the opposite party. Usually the opposite party is delivering the refilled cylinder within 22 days of its booking. But in the booking there is a delay of more than 45 days. Hence the complainant being a handicapped person suffered much for obtaining Kerosene etc. Hence the complainant filed this complaint alleging deficiency in service against opposite party.
2. On receipt of notice from this Forum the opposite party appeared through counsel and filed the version. In the version the opposite party admitted that the complainant is a consumer under her and denied the allegations made against her in the complaint. The opposite party further stated that during September 2011 there was a mandatory software upgradation for all North Kerala LPG distributors of Hindustan Petroleum Corporation Ltd. During this software upgrading some unforeseen glitches occurred as a result of which some of cylinders which were booked after 21-09-2011 were shown as matured by the system erroneously and the same thing happened in the case of complainant and it was a software error and there is no latches in the part of the opposite parties and hence the complaint is liable to be dismissal.
3. The evidence in this case consists of the evidence of PW1, the complainant and Exts A1 and A2 marked and Exts.B1 and B2 marked on the side of opposite party.
4. After considering the facts on record and the evidence adduced by the complainant the following issues raised for consideration.
1. Whether there is any deficiency in service on the part of opposite party?
2. If so what is the order as relief and cost?
5. Here the opposite party admitted that some unforeseen glitches happened due to the upgradation of software system. Whatever may be the reason the opposite party is failed to provide proper services to its customers. As per the Liquefied Petroleum Gas (Regulation of Supply and Distribution) order the distributor has to keep the stocks of liquefied petroleum as the premises. Here the opposite party failed to supply the gas as per the need of its customers. That means there is deficiency in service on the part of the opposite party. Therefore the opposite party liable to compensate the complainant. Complainant deposed before the Forum that there is a delay of 15 days and he is seeking compensation for the above delay of 15 days. As per Liquefied Petroleum Gas (Regulation of Supply and Distribution) order, 2000 provides as follows:
Order.9: Permanent storage and sale liquefied petroleum gas by a distributor (a) 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 customer registered with that distributor. 9(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.
6. On going through the above it is mandatory that opposite party is bound to keep sufficient stock at his business premises at every times.
7. Moreover, as per section 3 and 7 of the Essential Commodities Act also opposite party is bound to supply the refilled gas cylinder without delay.
8. Relying on the above provisions the Hon’ble Kerala State Consumer Disputes Redressal Commission in Appeal No. 507/2009 in the case of Bharat Petroleum Ltd. V. P.V.Balan delivered on 24-03-2010 has held that the consumer is entitled for `10/- per day from the next day of booking the cylinder till date of delivery.
In view of the above we pass the following order.
The complaint is allowed and the opposite party is directed to pay `150/- as compensation for 15 days delay as `10/- per day and a cost of `2000/- to the complainant within 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Copy of Consumer Card
A2. 17-11-2011 letter issued by Hindustan Petroleum Corporation Ltd to complainant.
B1. 20-09-2011. Letter issued by Hindustan Petroleum Corporation Ltd to OP.
B2. Service Report.
PW1.Abdul Nasir.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
