PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 29th day of February 2012
Filed on : 08/07/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 366/2011
Between
St. Joseph’s Santhi Bhavan, : Complainant
Beslehem, Vazhakkulam P.O., (By adv. Tom Joseph, Court
Rep. by its mother Superior, Road, Muvattupuzha)
Sr. Rose Tom S.M.S.
And
1. The Chief Area Manager, : Opposite parties
Indane Gas, Indian Oil (By Adv. C.S. Dias, M/s. Dias
Corporation Ltd., Panampilly Law Associates, Market road,
Avenue, Panampilly Nagar, Kochi-682 035)
Kochi-682 036.
2. The Proprietrix, (By Adv. Roy Varghese,
Sreekrishna Gas Services, Olimolath, Pancode P.O.,
Kalayil Building, Ernakulam, Pin-682 310)
Vazhakkulam-686 670
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant institution is running an old age home for women. The inmates of the old age home are the neglected women from the society and orphans. The institution is not collecting any fee from the inmates or their relatives for running it. The complainant institution is not collecting any fee from the inmates or their relatives for running it. The complainant Institution has been recognized by the Board of control for orphanage and other charitable homes Kerala. The institution was provided with four domestic gas connections in the name of the sisters who had been running the institution by the Consumer Nos. 3359, 3360,3361 and 3362. But the gas supply was stopped by the opposite parties for some time alleging that the institution is running a commercial institution. The act of the opposite party to deny the gas supply to the complainant on such grounds unsustained amounts to deficiency in service. The complainant is entitled for domestic gas supply since it is an old age home registered under the statutory board. Moreover, the institution is not undertaking any commercial activity. Though the matter was brought to the notice of the opposite parties on several occasions, nothing was done by them to redress the grievance. The complainant had suffered great hardships due to the non supply of cooking gas. Now the complainant has been using other conventional modes for cooking purpose. The complainant is entitled for the restoration of the cooking gas facility with immediate effect. This complaint hence.
2. Version of the 1st opposite party.
If the complainant is running a commercial institution, certainly they are not entitled to avail the benefit of supply of domestic Liquefied Petrol Gas (LPG) cylinders to their premises. If the complainant has run the institution for commercial purposes, the action of the 2nd opposite party is justifiable and perfectly legal and in accordance with the Guidelines laid on for gas distribution. It is the 2nd opposite party who has taken the decision to stop supply of domestic LPG Cylinders to the complainant, on being satisfied that the complainant is misusing the gas cylinders for commercial purpose, which is illegal and punishable in law. The complainant has not brought the matter to the notice of this opposite party and hence cannot have any grievance as against this opposite party. The complainant has not suffered any hardship at the hands of this opposite party and hence the very filing of the complaint arraying this opposite party in the party array is totally misconceived and unjustifiable. The complaint as against this opposite party is groundless and devoid of any merits and is only liable to be dismissed.
3. The defence of the 2nd opposite party.
The complainant institution has been provided with domestic gas connection in consumer Nos. 3359, 3360, 3361 & 3362. However, the supply of LPG has been stopped to the complainant as per the instructions of the 1st opposite party. This 2nd opposite party is only a distributor of the 1st opposite party. This opposite party has nothing to do with the matter unless the 1st opposite party authorizes for the supply of LPG to the complainant. There is no deficiency of service on the part of this opposite party.
4. No oral evidence was adduced by the parties. Ext. A1 and Exts. B1 to B3 were marked on the side of the complainant and the 1st opposite party respectively. The 1st opposite party filed argument notes. Heard the learned counsel for the parties.
5. The only point that arises for consideration is whether the complainant is entitled to get the cooking gas facility restored.
6. According to the counsel for the complainant the complainant institution is registered under Board of Control for Orphanage and other Charitable Homes Kerala and the complainant is entitled to continue with the 4 gas connections. However the counsel for the 1st 1st opposite party went to contend that the LPG connections under challenge were taken in the name of 4 inmates – Nuns of the Institution and the complainant had not produced any document to establish that their home is a registered charitable Institution under the Societies Registration Act. The 1st opposite party maintains that they are ready to direct the 2nd opposite party to resume supply of LPG refills under the NDCE category to the complainant as per Ext. B1 order on condition that the complainant produces the certificate to prove that it is a registered society.
7. Ext. A1 is the certificate of Recognition of the complainant issued by the Board of control for orphanages and other charitable Homes Kerala. Clause 4 in Ext. A1 is as follows:
4. The nature of the home,
whether for women generally or : Oldage home for
for widows or for children generally Women
or for orphans or for One or more
of these or aged.
8. Ext. B2 circular issued by the 1st opposite party reads as
follows:
“We refer to our circulars if even reference dated 7th February, 2003 and 27th February, 2003 regarding supply of subsidized LPG to non-domestic exempted category of customers. We hope that you have implemented our instructions in word and spirit and that you are supplying subsidized LPG to following category of customers, who are ONLY ENTITLED to get subsidized LPG at domestic rate.
1. Government/Municipal Hospitals
2. Hostels of all schools/colleges or for Mid Day Meal
Schemes
3. Social Welfare Institutions being run for Child Welfare/Women welfare/social welfare institutions (children home, old age home and homes for disabled persons)
We have been advised by our Head Office to monitor sale of subsidized LPG to non-domestic category of cylinders and report monthly sales figures before 7th of the succeeding month. You are, therefore, required to report NDCE sales figures along with other monthly data to field officers on the first/second day of the succeeding month.
While on the subject, we wish mention that sale of subsidized LPG to NON-ENTITLED category of customers will amount to diversion of product and attract penal action.
9. The 3rd clause in Ext. B2 circular goes to show that the complainant Institution is entitled to get subsidized LPG at domestic rate legitimately and squarely. Admittedly the said connections were availed by the complainant in the name of 4 persons who are by the laws of the congregation liable to be transferred from time to time.
10. In order to necessitate such avoidable situations it is pertinent to maintain that a direction be that the complainant Institution alone shall be responsible and liable to any proceedings as adjudged above. Against which nothing has been brought up.
11. In the result, we partly allow the complaint and direct as follows:
i. The complainant institution shall take steps to transfer the gas connection in its favour from the name of the 4 said inmates.
ii. Opposite parties shall transfer the gas connection in the name of the complainant institution in view of Ext. B2 if the complainant submits application for the same.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 29th day of February 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of certificate of recognition
Opposite party’s Exhibits : :
Ext. B1 : Copy of letter dt. 13-04-1987
B2 : Copy of circular
dt. 21-04-2003
B3 : Copy of letter of Indian
Oil Corporation Ltd.
