DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 29^th day of September 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  08/11/2017

              : Sri.V.P.Anantha Narayanan, Member

CC/159/2017

R.Chandramouli,

S/o Late M.K.Ramani,

Residing at “Ramaneeyam”,

Bhagawathi Avenue, Puthur,

Palakkad – 678 001.                                                          -        Complainant

(Advs.R.Rajendran, C.Balachandran & S.Asokan)

                                                 Vs

Indian Oil Corporation,

Wayanad Road, Civil Station PO,

Kozhikkode – 673 021.

(Adv.M/S Menon & PAI Associates)

M/s Yem Kay Gas Agencies,

11/703, Koppam, Puthur Road,

Near Byepass Junction, Palakkad – 678 001.-Opposite parties

                                                           O R D E R

By Smt.Suma.K.P. Member

          The case of the complainant is that the complainant is having a LPG Domestic Gas connection No:- ID3750000009933217 of Indane (Indian Oil Corporation) had made online booking of Retail Cylinder on 19.05.2017.  The payment was made through mobile app for Rs.656.89/- through Debit Card of complainant’s Savings Bank Account with State Bank of India, TB Road Branch, Palakkad.  The transaction made online was successful vide transaction No.230301847.  Subsequently the complainant received an e-mail instruction that the booking failed due to some technical reasons.  The automated message of IOC dated.19 May 2017 received by the complainant is that the payment already made will be adjusted in future bookings.  The complainant made another booking on 24.05.2017 for refill cylinder and the refill cylinder was delivered on 02.06.2017.  After delivery the delivery boy demanded Rs.581/- cash for the cylinder and pleaded ignorance of the online payment made by the complainant.  The complainant paid Rs.581/- and obtained Cash Memo.30037157.  Though the complainant made by IOC’s automated message dated.19 May 2017 was not honoured, the complainant vide online feedback on 03.06.2017 and 13.06.2017 admitted the failure for redressal.  The complainant got a call from a lady officer (Mobile No.9447498251) informing non reflection of payment in the accounts and advised to check with the bank.  The complainant checked with his bank and bank informed that the amount has been credited to IOC’s account.  Thereafter the complainant contacted several times but did not get a favourable reply.  At last a legal notice dated.21.08.2017 was caused to be issued to the opposite party to pay the amount of Rs.656.89/- with 12% interest till the date of payment.  The Chief Area Manager, IOC has accepted the notice on 22.09.2017 but so far neither the payment is returned nor there was a reply to this notice.  The inaction on the side of the opposite parties amount to deficiency in service.  Hence the complaint is filed for redressal of the grievance of the complainant seeking an order directing the opposite parties to pay the amount of Rs.656.89/- with 12% interest and also to pay Rs.25,000/- towards delay and mental agony suffered by the complainant. 

1^st opposite party entered appearance and filed version stating the following.  The averments in paragraph 1 to 3 of the complaint are baseless and hence denied.  The averment that the complainant having LPG Domestic Gas ID37500000019933217 of Indane (Indian Oil Corporation) had made online booking of refill cylinder on 19.05.2017 is baseless and hence denied.  It is submitted that the LPG Domestic Gas ID of the complainant is LPG Domestic Gas ID3750000009933217.  As per the records of the opposite party herein, the complainant has not made any online bookings on 19.05.2017.  The averments that the payment was made through mobile app for Rs.659.89/- through debit card of the complainant’s Savings Bank Account with State Bank of India, TB Road Branch, Palakkad and the transaction made online was successful are baseless and hence denied.  It is pertinent to note that as per the records of the opposite party herein, the complainant has not made any online bookings on 19.05.2017.  The averments in paragraph 4 and 5 of the complainant are not within the knowledge of the opposite party herein.  The averments in paragraph 6 of the complainant are baseless and hence denied.  The averment that the complainant made another booking on 24.05.2017 for refill cylinder and the refill cylinder was delivered on 02.06.2017 is factual.  It is pertinent to note that the said booking made by the complainant on 24.05.2017 was not an online booking.  The averment that the delivery boy demanded Rs.581/- cash for the cylinder and pleaded ignorance of the online payment made by the complainant is baseless and hence denied.  As stated earlier, the complainant has not made any online booking on 24.05.2017.  Since the complainant did not make online booking, the complainant was bound to make payments during the delivery of the cylinder.  The averment in paragraph 7 of the complainant are baseless and hence denied.  After receiving the online feedback made by the complainant, an official of the opposite party herein had contacted the complainant.  The complainant was advised to check the matter with the bank as no payments were seen made by the complainant on 19.05.2017.  The averment that the complainant checked with his bank and the bank informed that the amount has been credited to that the online transactions made by the customers are made into the account of the distributors.  Apart from the same, it is one again submitted that as per the records of the opposite party herein, no online payments are seen made by the complainant on 19.05.2017.  The claims raised by the complainant against the 1^st opposite party are without any basis.  The complainant is not entitled to get any of the reliefs sought for in the complaint and the complainant is liable to be dismissed with compensatory costs to the 1^st opposite party.  The complainant has been filed on an experimental basis solely with an intention to haras the 1^st opposite party.  Hence the complaint has to be dismissed. 

2^nd opposite party remained absent inspite of accepting notice from the Forum, hence they were called absent and set ex-parte. 

Both complainant and 1^st opposite party filed their chief affidavit.  Exts.A1 to A12 was marked from the part of complainant and Exts.B1 to B4 were marked (subjected to proof) from the part of the opposite party.  Evidence was closed and the matter was heard.    

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues 1 & 2

          We have perused the documents and affidavits produced before the Forum.  Ext.A1 is the email communication issued by 1^st opposite party to the complainant in which it is stated that “the payment transaction reference 330301847 dated.19.05.2017 is successfully received, however your booking has failed due to some technical reason, you are requested to book again from order/track your refill.  Your payment amount will be adjusted in the future booking executed from the website”.  It was also stated that the amount paid now shall be treated as advance and will be adjusted against the actual refill price at the time of delivery.  It is obvious from Ext.A6 document that the complainant is maintaining savings bank account No.67029701553 with State Bank of India TB Road Branch, Soorya Complex, Palakkad and his account had been debited with a sum of Rs.656.89/- on 19.05.2017 with transaction narration OTHPG578006 Indian Oil Corporation.  It was also informed from the said bank that there is no refund of the said amount which  had been credited to the account by Indian Oil Corporation till 24.10.2017.  Ext.A7 is the lawyer notice issued by the complainant to the opposite party intimating to pay an amount of Rs.656.89/- with 12% interest till the date of payment and also to pay compensation towards the mental agony suffered but, the opposite party had neither bothered to reply for the same nor refunded the amount as demanded.  From Ext.A11 it is viewed that the complainant had booked for another cylinder and the request has been forwarded to the distributor who was the 2^nd opposite party.  As per Ext.A4 it is evident that the complainant had paid Rs.581/- on 02.06.2017 for the said delivery. 

          The 1^st opposite party has submitted that the online transaction made by the customers are made into the account of the distributors.  True copy of the account statement dated.24.05.2017 which was marked as Ext.B4 shows that the amount is credited towards the account of the distributor.  According to the 1^st opposite party, no online payments are seen made by the complainant on 19.05.2017 the 2^nd opposite party who is the distributor in the above complaint is already set ex-parte.  But however, from Ext.A6 it is evident that the amount has been debited with a sum of Rs.656.89/- on 19.05.2017.  From the above documents and discussions it is evident that the failure on the part of the opposite party to refund the said amount towards the complainant’s account amounts to deficiency of service on their part.

          Hence the complaint is allowed and we direct the opposite parties jointly and severally to pay an amount of Rs.656.89/- (Rupees six hundred and fifty six and eighty nine paisa only) with 6% interest from 19.05.2017 onwards till date of realization and also to pay Rs.5,000/- (Rupees five thousand only) towards the mental agony suffered by the complainant and also towards the cost of this proceedings. 

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.

          Pronounced in the open court on this the 29^th day of September 2018.

                                                                                                          Sd/-

    Shiny.P.R

                      President 

                             Sd/-

                                Suma.K.P

                                 Member

                  Sd/-

          V.P.Anantha Narayanan

                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Photocopy of automated message of Indian Oil Corporation

             dated,19.05.2017 issued by opposite party to the complainant

Ext.A2          -  Photocopy of automated form of customer feedback on Indian Oil dated.

              03.06.2017 issued by opposite party to the complainant

Ext.A3          -  Photocopy of automated form of customer feedback on Indian Oil dated.

              13.06.2017 issued by opposite party to the complainant

Ext.A4          -  Original Cash memo issued by 2^nd opposite party to the complainant dated.

             02.06.2017

Ext.A5          -  Letter send by the complainant to the Chief Manager, SBT, TB Road,

              Palakkad dated.19.06.2017 

Ext.A6          -  Certificate from SBI, TB Road, Palakkad intimating non refund of the

              Amount by Indian Oil Corporation dated.25.10.2017

Ext.A7 series -  Copy of Legal Notice dated.21.08.2017 issued by R.Rajendran on

                       behalf complainant to the opposite party with postal receipt

Ext.A8          -  Photocopy of proof of delivery issued by Palakkad Head Post Office for

             acceptance of notice dated.06.10.2017

Ext.A9          -  Photocopy of proof of delivery issued by Calicut Civil Station Post Office for

             acceptance of notice dated.30.10.2017

Ext.A10- Mail copy of Senior Manager, IOC to the complainant dated.22.09.2017

Ext.A11- Automated message from Indian Oil Corporation for online booking of refill

             LPG Cylinder dated.23.05.2017 issued to the complainant

Ext.A12- Photocopy of bank statement for the period from 23.04.2017 to 17.06.2017

Exhibits marked on the side of Opposite parties
Ext.B1 -  True copy of the dealership agreement dated.13.01.2015 (Subject to Proof)

Ext.B2 -  True copy of the customer and the bank details of the complainant  

             (Subject to Proof)

Ext.B3 -  True copy of the complete refill details of the complainant (Subject to

             Proof)

Ext.B4 -  True copy of the account statement dated.17.07.2017 (Subject to Proof)

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost