West Bengal

Paschim Midnapore

CC/93/2011

Pulakesh Chanda - Complainant(s)

Versus

The Manager, Guardian Air Force Gas Agency - Opp.Party(s)

28 Mar 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 93/2011                                                         Date of disposal: 28/03/2012                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. P. K. Sarkar.

                                                      MEMBER :  Mrs. D. Sengupta.

    For the Complainant/Petitioner/Plaintiff: Mr. Subal Chakraborty,

    For the Defendant/O.P.S.                          : Mr. S. Paria & Mr. H. Sarkar.

1. Pulakesh Chanda, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur
2. Sudip Patra, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
3. Lokesh Chanda, Vill : Gilageria P.O.-Kushgeria, Dist-Paschim Medinipur
4. Monisankar Chanda, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur

Mukunda Ram Syamal (Corrected vide order no.14, dt.12/04/12)

5. Haradhan Chanda, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur
6. Haradhan Chanda, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
7. Ashok Kumar Maji, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
8. Nilima Samanta, Vill : Telbhanga, P.O.-Markunda, Dist-Paschim Medinipur
9. Madan Mohan Smanta, Vill : Talbhanga, P.O.-Markunda, Dist-Paschim Medinipur
10. Badal Kumar Maji, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
11. Subir Kumar Giri, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
12. Susanta Mahakyl, Vill : Khajra, P.O.-Kushgeria, Dist-Paschim Medinipur
13. Kamal Kanta Chanda, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur
14. Arnab Shyamal, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur
15. Sandip Patra, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur
16. Madhusudan Shymal, Vill : Gilageria, P.O.-Kushgeria, Dist-Paschim Medinipur.………….…Complainants.

                                                            Vs.

          1) The Manager, Guardian Air Force Gas Agency, Salua, P.O.-Salua, P.S.-

               Kharagpur(L), Dist-Paschim Medinipur

2. Bharat Petroleum Corporation Ltd., 4 & 6 Currimbhoy Road, P. B. No.658, Ballard Estate Mumbai-400001…………………Ops.

                      The complainants’ case, in brief, is as follows :-

                      The complainants enrolled themselves as consumers of LPG cylinders under the Op. No.1, the local distributor of Op. No.2, on payment of requisite charges and had been collecting the LPG cylinders from the Op. No.1 regularly.  But since March 2011 the Op No.1 stopped supplying the LPG cylinders to the complainants causing great inconvenience and sufferings to the complainants.  As such the complainants agitated the matter before the

Contd………….P/2

 

- ( 2 ) -

Assistant Director Consumer Affairs & Fair Business Practices, Paschim Medinipur, and in presence of both sides it was decided that the civilian customers under the Op No.1 would be transferred to nearby IOC/HPC/BPCL distributors, as advised  by the Op. No.2 vide their letter dated 19/2/2009.  But the Op. No.1 took no step to transfer the complainants to other distributors, nor resumed supply of the LPG cylinders to the complainants.  As such the complainants filed the instant case alleging deficiency of service and commission of unfair trade practice by the Op No.1, with prayer for issuance of direction upon the Op. No.1 to supply LPG cylinders to the complainants regularly and to pay compensation of Rs.20, 000/- each for their deficiency in service.

                The Op. No.1 contested the case by filing their W/O contending, inter alia, that the LPG connections were given to the complainants in violation of the agreement entered by them with the Op. No.2, and as  such the Op. No.1 expressed their inability to supply LPG cylinders to the complainants and advised the complainants to make  alternate arrangements  at the earliest; that on the basis of complaint  filed by some of the complainants namely Narayan Chanda and Jatirmoy Shyamal, the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur, arranged a meeting, and it was settled  in that meeting that all civilian connections would be transferred  to the nearby gas agencies latest by 28/2/11.  But the complainants with ulterior motive did not take any step for transferring their LPG connections to nearby gas agencies; and that by their letter dated 29/12/10,the complainants were informed that no refill cylinder would be supplied to them after 28/2/11 that the complainants filed the instant case suppressing the material facts, for some wrongful gain; and  that there was no deficiency of service or unfair trade practices on part of the Op. no.1 as alleged, as the Op No.1 stopped supplying the LPG cylinders to the complainants with prior intimation, as  decided in the meeting held on 24/11/10 before the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur.

              The Op No.2 also filed their W/O contending, inter alia, that the Op No.1 was their special category distributor meant for the employees on the payroll of the defence establishment only, as par agreement entered by them with the Op No.1  that considering the fact that there was no other OMCs distributor in the nearby area, some civilian consumers were enrolled by the Op No.1 to supply LPG cylinders to them;  that as subsequently many new distributors came to be appointed in the area by other OMCs to  cater the demands of the civilian consumers like complainants, they vide their letter dated 19/2/2009 advised the Op No.1 to take necessary action for transferring existing  civilian customers to the nearby IOC/HPC/BPCL  distributors; that they never asked the Op No.1 to stop supply of refill LPG cylinders to the civilian

Contd………….P/3

 

- ( 3 ) -

consumers like the complainants and they have been supplying the LPG cylinders to the Op no. 1 as per indent received from them; that in  the meeting dated 24/11/2010 arranged by the Assistant Director, Consumers Affairs and Fair Business practices, Paschim Medinipur, it was decided that the Op No.1 would continue to supply the LPG cylinders to the complainants till the complainants get themselves transferred to other distributors latest by 28^th February 2011; that the Op No.1  would render all possible help to the complainants for transferring the connections of the complainants to nearby IOC/HPC/BPCL distributors; that though many civilian consumers got their LPG connections transferred to the nearby distributors, the complainants failed and neglected to get themselves transferred to other distributors as decided in the meeting held on 24/11/2010 before the Assistant Director, Consumers Affairs and Fair Business Practices, Paschim Medinipur and that there was no deficiency service on the part of the Op No.2, and in fact, the complainants have not sought for any relief against them.

         The points for decisions are :

     (1)Whether the complainants are consumers within the meaning of the section   2 (i) (d)  of the C.P. Act, 1986 ?

     (2)Whether the Ops. are deficient in service within  the meaning of section 2 (1)(g) read with section 2(1)(o) of the C. P. Act, 1986 ?  

      (3) Whether the complainants are entitled to get the reliefs as sought for ? 

Decisions with reasons : 

Point nos. 1, 2 & 3.

            All the points are taken up together for discussion as they are interrelated.  It is not disputed that the complainants are consumers of LPG cylinders under the OP No.1, the authorized distribution agency of the Op No.2, Bharat Petrolium Corporation Ltd. It has been asserted by the Op No.2 that, as par agreement entered by them with the Op No.1 the Op No.1 was authorized to supply LPG cylinders to the employees on the payroll of the defence establishment at Salua, Kharagpur, but having regard to the fact that there was no OMC distributor in the nearby area earlier, some civilian consumers like complainants and  others were enrolled by the Op No.1 and that, subsequently following the appointments of  new distributors in the nearby areas by other OMCs, the Op No.2 vide their letter dated 19/2/2009 advised the Op No.1 to take action for transferring their existing civilian customers to the nearby IOC/HPC/BPCL distributors without stopping the supply of refill cylinders to them till such transfers. The Op No.2 specially mentioned in their W/O that they never issued any instruction to the Op No.1 to stop supply of refill cylinders to the civilian customers /complainants, and that they have been supplying the LPG cylinders to the Op no. 1 as per indent received from them. 

Contd………….P/4

- ( 4 ) -

Both the Op Nos.1&2 also stated in their written statements that on the basis of the complaint lodged by some of the complainants, the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur, arranged a meeting on 24/11/2010, and it was decided in that meeting in presence of both sides that the complainants would take steps to get themselves transferred to other distributors by 28^th February 2011, while the Op No.1 would continue to supply the LPG cylinders to the complainants till such transfers.  The Op No.2 also specified the names of the civilian consumers of LPG cylinders, who already got themselves transferred to the other distributors in the nearby areas.  The minute of the meeting held on 24/11/2010 before the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur, disclosed that the problem of supplying  LPG cylinders by the Op No.1 to the complainants arose  in course of verification of authentic consumers, but the same was amicably settled afterwards, and that vide their letter dated 19/2/2009 the Op No.2 advised the Op No.1 that the civilian consumers may be transferred to nearby IOC/HPC/BPCL distributors with the assistance of  the Consumer Affairs Department. It transpired that the complainants were given option to get themselves transferred from the OP no.1 to other nearby LPG distributors as advised by the Op No.2 vide their letter dated 19/2/2009, but they did not exercise that option within the stipulated date. Since the Op no. 2 never issued any instruction to the Op No.1 to stop supply of refill cylinders to the civilian customers, and they have been supplying the LPG cylinders to the Op no. 1 as per indent received from them, there was little justification for the Op no.1 to stop supply LPG cylinders to the complainants from March 2011 onwards. In course of hearing of this case, the Ld. Lawyer for the Op No.1 submitted that problem of supplying LPG cylinders to the complainants arose due to bulk collection of LPG cylinders jointly by the complainants through their authorized representative; and that the Op No.1 got no objection to supply the refill cylinders to the complainants, if they collect the same individually from the distribution centre of the Op No.1. The Ld. Lawyer for the complainants submitted that the complainants are willing to collect their LPG cylinders from the distributor centre of the Op No.1 individually as proposed on behalf of the Op No.1.  As such we propose to dispose of the complaint with direction upon the Op No.1 to supply LPG cylinders to the complainants individually following the usual norms.             

                             Hence, it is

                                                Ordered

                                                              that the complaint be disposed of  with direction upon the Op No.1 to supply LPG cylinders to the complainants, who will collect the same individually

Contd………….P/5

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from the distribution centre of the Op no. 1 following the usual norms.  The parties do bear their respective costs.               

                Let the copies of the judgment be supplied to the parties free of cost. 

Dic. & Corrected by me

                                                         I agree                                      

              

         President                                Member                                            President

                                                                                                              District Forum

                                                                                                           Paschim Medinipur.