Haryana

Yamunanagar

CC/645/2013

Neelam Rani W/o Ashok Kumar - Complainant(s)

Versus

Shree Balaji Indane Gramin Vitrak Gas Agency - Opp.Party(s)

Dinesh Sharma

11 May 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 645   of 2013.

                                                                                    Date of Institution: 03.09.2013

                                                                                    Date of Decision: 11.05.2016.

Neelam Rani aged about 45 years wife of late Ashok Kumar, resident of Village Rattangarh, P.O. Damala, District Yamuna Nagar.(Haryana).

                                                                                                            …Complainant.

                                    Versus

 

1. Shree Balaji Indane Gramin Vitrak Gas Agency VPO Damla District Yamuna Nagar through Manager/owner. 
2. Indane Area Office, Karnal Kohand- Assand Road, Village Gudha Karnal, District Karnal, Haryana, through M.D.  

                                                                                                            …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Dinesh Sharma, Advocate, counsel for complainant.

              Sh. R.P.Khajuri, Advocate, for respondent No.1.

              Sh. P.P.Saini, Advocate, for respondent No. 2.  

 

ORDER

1.                     Complainant Neelam Rani has filed the present complaint under section 12 of the Consumer Protection 1986 praying therein that the respondents (hereinafter referred as OPs) be directed to release the gas connection and supply gas cylinder to the complainant with immediate effect and to pay compensation as well as litigation expenses. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant was having gas connection of Indian Oil Corporation at Harihar Gas Service Amar Market, Yamuna Nagar as no gas agency was there near to her village. Now OP No.2 i.e. Indian Oil Company opened a new gas agency under the name of Shree Balaji Indane Gramin Vitrak at Damla which is near to the place of resident of complainant. As per the policy, the complainant should have been allotted connection from Shree Balaji Gramin Vitrak Agency. The complainant got transferred her connection from Harihar Gas Service to Shree Balaji Gramin Vitrak at Damla in the month of April 2013 which is evident from the transfer voucher issued by Harihar Gas Service (Annexure C-1). The complainant visited the OP No.1 alongwith above transfer voucher and other documents and requested the staff present there to issue her gas connection from their agency but the staff of the Ops flatly refused. On this the complainant visited the owner and showed her documents but he also refused to issue connection to her and asked for Rs. 1500/- as gratification to issue the connection. Complainant being a poor and widow lady refused to pay the same and requested to the OPs that she is facing trouble as she has no gas to cook food but all in vain. The Ops are exploiting the situation and time and again they illegally and arbitrarily denied the genuine requests of the complainant. After that, the complainant issued a legal notice on 02.07.2013 (Annexure C-2) but neither any reply has been given nor the request of the complainant has been considered by the OPs. Hence, this complaint. In support of her case complainant tendered her affidavit as Annexure CX and CW/A and documents such as photo copy of transfer voucher as Annexure C-1, Photo copy of legal notice as Annexure C-2 and closed her evidence.

3.                     Upon notice, OPs appeared and filed its written statement separately. OP No.1 filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi, has not come to this Forum with clean hands and has concealed the true facts, complaint is false, vexatious and on merit it has been stated that in fact complainant alongwith her associates visited the office of OpNo.1 in the first week of May 2013 and requested for allotment of gas connection to her and on the request of the complainant, the OP No.1 required ID and resident proof from the complainant and assured that on receipt of the said documents the gas connection will be released to her but thereafter the complainant has neither approached the Op No.1 nor submitted the required documents. A false registered legal notice was served which was duly replied. Op No.1 is ready to release the gas connection on receipt of the required documents i.e. I.D. and residence proof as per the terms and conditions of the Indian Oil Corporation. As the complainant has not complied with the conditions and submitted the documents, hence, there is no deficiency in service or unfair trade practice on the part of OPs. Lastly prayed for dismissal of complaint. Affidavit to this effect filed by Sh. Jaswinder owner of OP No.1 as Annexure RW1/A and documents such as Photo copy of transfer voucher as Annexure R1/1 and closed the evidence on behalf of OP No.1.

4.                     OP No.2 filed its written statement by taking some preliminary objections such as there is no relationship of consumer and supplier between the complainant and Op No.2, complaint is false and frivolous and on merit, it has been admitted that complainant was having a gas connection of OP No.2 Company with Harihar Gas Service located at Yamuna Nagar. It has been further admitted that a new gas agency in the name and style of M/s Shree Balaji Indane Gramin Vitrak is opened at village Damla. As per terms and conditions of the company, in order to transfer connection, the customer alongwith transfer termination voucher is also required to submit additional documents, specifically identification proof. The transfer of connection to the new agency cannot be completed without providing the identification proof i.e. ration card/ voter card etc. Rest contents of the complaint were denied. Lastly prayed for dismissal of complaint. Affidavit to this effect filed by Sh. Naveen Mukhija, Deputy Manager as RW2/A and document such as power of attorney as Annexure R2/1 and closed the evidence on behalf of OP No.2.  

5.                     After hearing both the parties at length, we are of the considered view that there is a deficiency in service as well as unfair trade practice on the part of OP No.1 as he failed to release the gas connection to the complainant i.e. widow lady Smt. Neelam Rani on the presentation of transfer voucher in the month of May, 2013 and admitted in para No.5 of his reply that the complainant alongwith her associates visited to his office and requested for releasing the gas connection.  However, she was asked to bring the I.D. proof. We have perused the transfer voucher (Annexure C-1) from which it is evident that the address of the complainant i.e. resident of village Rattangarh, Post Office Damla  is same as has been mentioned in the transfer voucher. Besides this, the connection of complainant was not a new rather it was a transfer case and in transfer case all relevant documents will have to be transferred from the original agency to the new agency automatically. Moreover, the OP No.1 has also asked the previous gas agency i.e. Harihar Gas Agency to send the documents of the complainant including ID proof and confirmation letter for confirming gas connection.  Furthermore, the Op No.1 cannot deny for issuance of gas connection to a customer on the excuse that firstly she will submit the ID proof as the domestic gas is an essential product for cooking food now a days and OP No.1 could ask  the complainant to submit the IDs lateron. Further from the perusal of transfer voucher (Annexure C-1), it is also evident that snap of the complainant has also been affixed on the transfer voucher which shows itself identification of the complainant.

6.                     We have also perused the copy of ration card(Annexure C-3) and Photo copy of Adhar Card (Annexure C-4) from which it is also evident that the same address has been mentioned in these documents as has been shown in the transfer voucher (Annexure C-1). It is also pertinent to mention here that the same address has been mentioned in the head note of the present complaint by the complainant. Inspite of that OP No.1 did not release the gas connection to the complainant and with the intervention of the court on dated 11.03.2016, the gas connection of the complainant was released on 11.03.2016 by Op No.1 to the complainant. Meaning thereby that the complainant remained without any gas connection and she suffered hardship from the date of issuance of transfer voucher i.e. 25.4.2013 to 11.3.2016 i.e. near about 3 years.

7.                     In the circumstances noted above, we are of the considered view that there is a deficiency in service as well as unfair trade practice on the part of Op No.1 as the complainant might have suffered financial loss approximately Rs. 200/- per month. Besides this, complainant has suffered mental agony and harassment for a period of about 3 years from the issuance of transfer voucher of gas connection i.e. 25.4.2013 to i.e. 11.3.0216 till  the gas connection was released to the complainant. As such the complainant is entitled for relief. However, complaint qua OP No.2 is hereby dismissed.

 8.                    Resultantly, we partly allow the complaint of complainant and direct the OP No.1 to pay Rs. 7200/- as compensation for financial loss suffered by her for a period of 3 years due to non-release of gas connection and further to pay a sum of Rs. 2000/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 11.05.2016.

                                                                        (ASHOK KUMAR GARG)

                                                                        PRESIDENT

 

 

                                                                        (S.C.SHARMA    )

                                                                        MEMBER