Sri Shyamal Gupta, Member

Challenge under this Appeal is the Order dated 16-10-2015 passed by the Ld. District Forum, Purba Medinipur in C.C. No. 55/2015 whereof complaint has been allowed.

Case of the Complainant, in short, is that he applied for getting a new LPG connection before the OP long ago, but as he refused to buy non-fuel materials from the OP, alleging improper kitchen facilities, the OP refused to give desired connection to him.  Hence, the case.

By filing a WV, the OP refuted the allegation of the Complainant. It is the case of the OP that during site inspection on 13-01-2014, it was observed that there was no existence of platform where the gas oven would be kept.  Therefore, the Complainant was asked to make proper kitchen facilities.  Thereafter, when the Complainant approached the Office of the Assistant Director, CA&FBP, Govt. of West Bengal, Purba Medinipur R.O., the Complainant was directed to construct a concrete platform.  Allegedly, in spite of said directive of the said office, the Complainant did not comply with the same.  Still, assuming that the kitchen would be built shortly, Complainant was asked to visit the office of the OP to take LPG connection.  However, allegedly, despite such request, the Complainant did not make contact with the OP.

Decision with reasons

It is alleged by the Respondent that he earned the ire of the Appellant for his stubborn refusal to buy non-fuel material from it.  On the other hand, it is the case of the Appellant that during site inspection it was revealed that the Respondent lacked proper kitchen arrangements and therefore, he was advised to follow safety norms as prescribed by the IOC Ltd.

It is not in dispute that initially there was no platform for placing the LPG oven.  According to the brochure prepared by IOC Ltd. gas oven always requires to be kept on a platform above the cylinder level.  Looking from this aspect, Appellant can hardly be accused of highhandedness for its insistence to compel the Respondent fall in line with the safety norms as laid down by the IOC Ltd.

However, it is also a fact that the Appellant admitted that during site inspection on 16-07-2015, it was discovered that the Respondent built a platform by then.  In such circumstances, Appellant should ideally volunteered providing service connection to the residence of the Respondent.  Although it is claimed by the Appellant that it asked the Respondent repeatedly to receive new construction, no tangible proof is forthcoming before us in this regard. Mere issuance of subscription voucher by the Appellant does not establish the bona fide of Appellant’s intention to serve a customer.  If the Appellant was indeed eager to provide gas connection to the Respondent and the latter was reluctant to take such connection, as alleged, the Appellant could easily put such fact on record by sending an official letter to the Respondent, thereby asking him to avail of new service connection.

It is alleged by the Appellant that with the sole intention of making some fast bucks, the Respondent resorted to legal recourse. Factual matrix of the case, however, proves otherwise. It is hard to believe that one, who was desperately longing for an LPG connection, for the sake of gaining some monetary benefits in the form of compensation, of which too there was no certainty, would take the ordeal of  pursuing a complaint case.  Further, if the Respondent was indeed hell-bent on making monetary gain out of the dispute, he would certainly not approach the Office of the Assistant Director, CA&FBP, Govt. of West Bengal first in order to resolve the issue through mediation.

Considering all these aspects, I see no reason whatsoever to interfere with the impugned order.

The Appeal, thus, fails.

Hence,

O R D E R E D

That A/1253/2015 be and the same is dismissed on contest but without any cost.  The impugned order is hereby affirmed.