Presented by Smt. A.Behera, Member .
Facts of the case:-
One Satyanarayan Pattanaik files complaint against (1) The Manager, HPCL (2) H.P. Gas, Customer Service Cell, (3) Sonam Gyam TSO, Area Sales Manager and (4) M/s Priya Gas Sales and Services, Bargarh alleging deficiency of service to the Complainant above named seeking appropriate remedies available under consumer laws for all the sufferings and inconvenience experienced by the Complainant petitioner.
Complainant along with his detailed informatory complaint petition files and relies on the following document to further strengthen their case.
Office copy of Pleader Notice Dt.20/12/2012.
Postal receipt of the notices.
Email transactions papers about communications in between complainant and the Opposite Party No.4(four).
Further on Dt.15/01/2013, Complainant files some more documents as follows:-
Xerox copy of Gas consumer card (front page only).
Xerox copy of S.V. Voucher bearing Doc No. 1003713 Dt.03/07/2002.
Xerox copy of KYC form receipt Dt.05/11/2012 of the Complainant.
On primary scrutinization it was found that the Complainant is a consumer of the Opposite Parties and it happens to be a consumer complaint under consumer laws.
Complaint passes also the jurisdiction clauses and hence admitted for adjudication notices were sent to the Opposite Parties, however two Opposite Parties No.1(one) and No.2(two) set ex-parte on Dt.19/08/2013 for non appearance.
Opposite Party No.4(four) files their version on Dt.17/04/2013 denying the charges leveled against them also files the following documents to envisage their case.
Advertisement copy Dt.03/10/2012 published in daily Sambad by Govt of Odisha (Ministry of Petroleum and Natural Gas)
Xerox copy of inspection report Dt.17/09/2012.
Xerox copy of letter Dt.17/09/2012 to the Complainant.
Xerox copy of letter Dt.05/12/2012 and Dt.01/10/2012 to the Complainant.
Opposite Party No.3(three) does not files any separate written statement and adopts the written statement of the Opposite Party No.4(four) vide their petition Dt.17/04/2013.
Complainant's version:-
That the Complainant is a customer of the Opposite Parties through Opposite No.4(four) vide S.V. No. 1003713 Dt.03/07/2002, bearing consumer number 608329 when he was used to refill the empty gas cylinders. In the month of August-2012, Complainant booked one cylinder refill but he was not supplied with the refill cylinder. After twenty-twenty five times visit to Opposite Party No.4(four)'s office on Dt.06/09/2012 he was unheard rather got misbehaved by the staff of Opposite Party No.4(four). Then the Complainant put resort to the Opposite Party No.3(three) via email to set his grievance addressed.
He got to know from Opposite Party No.3(three) that his card has been blocked for non booking for one hundred eighty days and was directed to submit the KYC form duly filled and identity and address proof to make his card unblocked. Complainant adhered to the suggestion and submitted the required documents. So his card to be unblocked on Dt.05/11/2012 but do not getting result and his card still kept blocked for long putting him to misery and inconvenience finding no solutions his grievance Complainant served pleader notice on Dt.20/12/2012 which was also not replied. Hence filed this complaint and seeks redressal from this Forum with appropriate measures as per laws.
Opposite Parties version:-
Though their written statement, Opposite Parties denies all the allegation against them and prays for dismissal of the case.
Complainant files an affidavit contradicting the written statement filed by Opposite Party No.3(three) and Opposite Party No.4(four) on Dt.04/09/2013.
Hearing was conducted on Dt.16/04/2014 with the presence of Complainant and Opposite Parties through their representatives all stated their respective causes and grievances in great detail and apprised the Forum about facts and are stated to file their written arguments which the Opposite Party No.4(four) filed on Dt.23/04/2014 along with some documents for attention of the Forum. Complainant have filed their written argument on Dt.21/04/2014 no one relies on any decisions of any courts of laws or files any before this Forum.
On detailed perusal of the attached documents with the case record and considering the submission of the Parties while hearing Forums finds the following.
(1) That the Complainant is a Bonafide Consumer of the Opposite Parties vide specified consumer numbers.
(2) Complainant though alleged that even though he was taking refills continuously blocking his card for such reasons of no booking for one hundred eighty days is not just. Opposite Parties says that Complainant was not taking any cylinders for the time said. However no party was able to prove their contentions Complainant have not filed copy of their consumer card which could have been verified except the front page of the card. Complainant also have not file any gas receipts of the period in issue to prove that he was getting supply of refill cylinders. The Opposite Party also did not filed any documents to prove this issue. So whether he was booking and receiving refill cylinders is not proved.
(3) From the filing of the documents relating to parties clearly envisages that the card in issue is blocked for reasons stated but since when it was blocked is not clear as no information is present about the date of blocking of the card in issue. This Forum under the circumstances presumes blocking of the card happened during the month of August as its issue was raised at that time.
(4) Another issue in concern was that the Complainant was having another Gas connection with them which was not proper as per new regulations imposed and he was asked to surrender the other connection to unblock their card with this Opposite Parties. Opposite Party also contended that their officers visited the residence of the Complainant when they found cylinders of other supplies company and filed documents pertaining to this with affixed signature of family members of the Complainant. But their contention stands not proved because they only found cylinders of other company in the residence of the Complainant but have not discovered or found any Gas Card to that effects neither have filed any document showing that the Complainant or his family members having other Gas connections where as Complainant replied to this that they were arranging cylinders from near and dear ones since they were not getting their cylinders from the supplier where they are a customer which sounds good to be genuine in absence of documentary proofs by the Opposite Parties.
(5) Another contention of the Opposite Party was that Complainant also failed to submit their KYC, and identify proof (POI) and proof of Residence (POR) to the Opposite Parties for which unblocking of the card was not possible and the Complainant was requested for multiple times to comply with this requirement action can be taken. To this Complainant contended that to prove that he has no other connection in the family filed KYC and other documents required receiving proper acknowledgment from Opposite Party No.4(four). This is further assorted by the documents filed by the Complainant to this effect, So Contention of the Opposite Parties seems baseless.
(6) Complainant have asked for Rs.25,000/-(Rupees twenty five thousand)only as compensation to the damages he accrued, but he failed to show actual pecuniary losses except the possible extra cost for arranging the refill cylinders for every day use which is considered.
Under the above discussed facts and circumstances Forum finds that the Opposite Parties have denied proper service to the Complainant and are jointly and severally liable of deficiency of service hence Forum order that:-
The Opposite Parties through Opposite Party No.4(four) are directed to take steps to unblock the card in issue vide S.V. No. 1003713 Dt.03/07/2002 within fifteen days of this Order.
The Opposite Parties are directed to accept the refill request of the Complainant through Opposite Party No.4(four) immediately and start supplying refill cylinder to him within one month of this Order charging approved prices and regularize the supply further.
The Opposite Parties are directed to pay Rs. 9,000/-(Rupees nine thousand)only through Opposite Party No.4(four) amount for compensation for all disturbances and harassment Complainant received intend the litigation charges, within one month of this Order, failing which the award amount carries interest @10%(ten percent) per annum till final realization.
The Complaint is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, (Smt. Anjali Behera ) (Sri Pradeep Kumar Dash) ( Miss Rajlaxmi Pattnayak)
M e m b e r. M e m b e r. P r e s i d e n t.
