Tamil Nadu

Nagapattinam

CC/1/2013

Pushpavalli - Complainant(s)

Versus

The Manager, Indan Gas Ltd, Nagapattinam. - Opp.Party(s)

L.Baskar

31 Jul 2014

ORDER

   

Date of Filing      : 03.01.2013

                                                                                     Date of Disposal: 31.07.2014

                                                                   

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

NAGAPATTINAM

 

PRESENT: THIRU.P.G.RAJAGOPAL, B.A.B.L.,         …..PRESIDENT

    THIRU.A.BASHEER AHAMED,B.Com.,   ….  MEMBER I

               Tmt. R.GEETHA, B.A.,                             …. MEMER II

 

 

CC. No.01/2013

 

DECIDED ON THIS   31^st   DAY OF JULY  2014.

 

 

            M. Pushpavalli,

            w/o Marimuthu

            Door No.17/55B, North Veerodum Street,

            Dr. Ambedkar Nagar, T.M.ilakka, Nagoor,

            Nagapattinam  District.                                               …..      Complainant

                                                                                                  

                                                                /versus/

                                   

 Indane Gas Agency,

 Represented by its Manager,

           No.104, Neela South Street,

            Nagapattinam  District                                               ….. Opposite party

 

 

 

            This complaint having come up for final hearing before us on 21.07.2014, on perusal of the material records and on hearing the arguments of  Thiru. K. Rakesh, Counsel for the complainant, Thiru.S.Raman, counsel for the opposite party and having stood for consideration, till this day the Forum passed the following

 

      ORDER.

     By the President, Thiru.P.G.Rajagopal, B.A.B.L., 

This complaint is filed by the complainant u/s 12 of the Consumer Protection  Act 1986. 

                        2. The gist of the complaint filed by the complainant is that the complainant had obtained Indane gas connection No.42013 with the opposite party on 07.01.2008 and was getting supply of gas refill cylinder till 06.11.2009 and thereafter, as she had to leave for Kerala State, she could not continue to get the supply of refill cylinders for some period and subsequently on returning to her native place when she requested the opposite party for supply of gas refill cylinder the latter asked her to give a requisition in writing and on 23.11.2012, when the complainant gave an application for the supply of gas refill cylinder in writing, the opposite party asked her to produce the receipt for payment of deposit and the opposite party could not produce it, as she had misplaced it somewhere during her stay at the other state.  The opposite party had been evasive in his attitude without supplying the gas refill cylinder to her and therefore she sent a notice to the opposite party on 26.11.2012 through her Advocate and the opposite party who received the said notice on 29.11.2012, had neither sent any reply, nor supplied the gas refill cylinder.   Without getting the supply of gas refill cylinder, the complainant has undergone untold mental agony, hardship and inconvenience without having the essential commodity of the supply of the gas refill cylinder for her cooking.   Failure on the part of the opposite party to supply the gas refill cylinder to the complainant is sheer deficiency of service on his part.  Therefore the complainant prays for an order to restore the gas connection no.42013 and supply gas refill cylinder to her and to pay of Rs.50000/- towards compensation for the mental agony and hardship caused to her and also the cost to this litigation with such and other reliefs as the Hon’ble Forum, may deem fit.

                        3.The gist of the written version filed by the opposite party is that the complainant having got gas connection on 07.01.2008 under consumer no.42013 has  availed the supply of refill cylinder till 06.11.2009 and thereafter she did not get the necessary supply from this opposite party for a very long time and hence her connection had been blocked out by the Indian Oil Corporation of Tirichy division under the TTV.NO.31478960000118, dated 23.01.2011 along with about 3780 consumers who had not taken continuous delivery of the gas cylinder for a long time.  As the complainant lost her Subscription voucher receipt, she was asked to comply with the required formalities prescribed by the Indian Oil Corporation for availing the supply. She was informed to approach the Indian Oil Corporation for executing necessary indemnity bonds and other documents to get an order of renewal of supply of this opposite party.  The complainant approached the opposite party and insisted to take up the job of renewal of supply by interacting with the Indian Oil Corporation, Tirichy.  But the opposite party expressed his inability to comply with her demand stating that she alone has to directly get touch with the Indian Oil Corporation as per their instructions.  Without approaching the authorities of the Indian Corporation, Tirichy, the complainant has come forward with this complaint alleging deficiency of service on the part of the opposite party.  It is the failure on the part of the complainant to approach the authorities of the Indian Oil Corporation at Tirichy, to comply with the procedural formalities to get renewal of her gas connection and there is no deficiency of service on the part of the opposite party.  Therefore the complaint is liable to be dismissed.

                        4. The complainant has filed her proof affidavit in support of her claim and has filed 4 documents which are marked as Exhibits A1 to A4.  The opposite party has filed a memo requesting to treat his written version which is in the form of an affidavit to be his proof affidavit also.

5. Points for determination in this case are:-

1)  Whether there is deficiency of service on the part of the opposite party?

                  2)  Whether the complainant is entitled to any relief? If so to what?

6. Point 1: The main allegation as well as grievance of the complainant is that

she received the supply of gas refill cylinder on 06.11.2009 and subsequently she had left for Kerala for some time and on return from Kerala, when she approached the opposite party for the supply of gas refill cylinder the latter told her that her gas connection was locked by the Indian Oil Corporation for not taking any delivery of  cylinder subsequent to 06.11.2009 and she has to approach the Indian Oil Corporation, Tirichy for executing the necessary indemnity bond and other documents to get an order of renewal of supply by this opposite party and the opposite party being the immediate distributor of the Indane gas cylinder of that locality might have himself caused all the formalities to be fulfilled through himself and caused the supply of gas refill cylinder to the complainant.  He has failed to do that which tantamounts to deficiency of service on his part.  Therefore the reliefs sought for in the complaint has to be granted to her as prayed for. 

                        7. The defence of the opposite party is that since the complainant has lost the subscription voucher, she has to execute indemnity bond and other documents to get an order of renewal of supply of the gas cylinder and she has to get it renewed only by approaching the officials of the Indian Oil Corporation at Trichy.  The said defence taken by the opposite party is not at all acceptable by this Forum, for the reason that he being the Distributing Agency of the Indian gas at Nagapattinam, it is his responsibility and part of his service to get the necessary documents such as indemnity bond, etc., from the complainant and get the renewal of the supply of gas connection from the Indian Oil Corporation, Tirichy. As a Distributor and service provider of the gas connection to the complainant, the opposite party cannot shirk his responsibility and be evasive in not causing the renewal of the supply of gas cylinder to the complainant.  It is pertinent to note that the opposite party has not cared even to send the reply to Exhibit A4, the lawyer’s notice sent by the complainant. Therefore the omission on the part of the opposite party to take the necessary steps for getting renewal of supply of the gas refill cylinder to the complainant, is sheer deficiency of service on his part.

                       

                        8. Point 2: In the result the complaint is partly allowed.  The opposite party is directed to take necessary steps for the renewal of the supply of gas cylinder to the complainant and  restore the supply of gas refill cylinder to the complainant within 30 days from the date of this order, failing which the opposite party shall be liable to pay the compensation of Rs.25000/-(Rupees twenty five thousand only) to the complainant for the mental agony, hardship and inconvenience caused to her owing to the deficiency of service on his part with interest at the rate of 12% per annum from the date of this order till the date of its realization.  The opposite party is further directed to pay the sum of Rs.3000/-(Rupees three thousand only) to the complainant towards cost of this litigation within 30 days from the date of this order, failing which the said amount shall also carry an interest at the rate of 12% per annum from the date of this order, till the date of its realization.

This order is dictated by me to the Steno-Typist, transcribed, typed  by him, corrected and pronounced by me on this  31^st    day of  July 2014.

 

 

 

    MEMBER I                                    MEMER II                                   PRESIDENT

List  of document   filed by the complainant

 

Ex.A1/Dt.07.01.2008: The Xerox copy of the Gas connection Card for the Customer

    No.42013 of the complainant issued by the opposite party.

Ex.A2/Dt.      Nil         : The Xerox copy of the letter sent by the complainant to the opposite

                party.

Ex.A1/Dt.26.11.2012: The Xerox copy of the notice sent by the complainant’s lawyer to the

    opposite party.

Ex.A1/Dt.      Nil          : The Xerox copy of the Postal Acknowledgment Card by the opposite

     party

 

 

 

 

MEMBER I                                    MEMER II                                       PRESIDENT

 

 

 

DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

NAGAPATTINAM.

 

CC.No.01/ 2013

Order Dt.: 31.07.2014.