By. Sri. Jose. V. Thannikode, President:
The complaint filed U/s 12 of the Consumer Protection Act to get the loss and compensation due to the deactivation of the gas connection.
2. Brief of the complaint:- The complainant was the consumer of Kabani Indane Service Kalpetta as per the Consumer No.3787. On 21.02.2006 the opposite party has deactivated her gas connection without any intimation. When the complainant enquired about the deactivation the opposite party told her that if a consumer not filled the gas within 6 months the connection will be deactivated. On the repeated enquiry the opposite party told her that her connection is deactivated. She further says that the deactivation of the connection without intimating her caused grate financial loss and mental agony as she was a consumer of opposite party for the last 8 years and says that there is deficiency of service from the side of opposite parties.
3. So she prays that the Honorable Forum may be pleased to direct the opposite party to reactivate her gas connection and to pay Rs.5,000/- as compensation and Rs.1,000/- as cost of this petition.
4. The complaint filed on 30.07.2012 and Notices were served to opposite parties and Opposite parties No.1 and 2 filed version on 05.09.2012 and opposite party No.1 stated in the version that “The complaint is not maintainable either in law or on facts and the same is liable to be dismissed in Iimne. The complainant is either misconceived or mal -advised to move a complaint of this nature against this opposite party. Except those that are expressly admitted hereunder these opposite parties deny all the claims and allegations in the complaint as they are against facts, false and unsustainable. True is the statement that the complainant was a consumer holding number 3787 with this opposite party. The allegation that this opposite party deactivated the complainant's service connection without ill a reason or provocation is not true or correct. The complaint itself is vague incomplete as to the alleged date of enquiry with this opposite party. It is submitted that the complaint itself is experimental in nature and filed only to harass this opposite party. There is no responsibility on this opposite party to cop with the alleged psychological stress and problems referred to in the complaint. The complainant is not entitled to claim or get Rs, 5,000/- towards damages or Rs.1,000/- towards the cost of the complaint or any fraction there of from this opposite party. The complainant is not entitled to get any relief from this opposite party as claimed in the complaint. The distribution of liquefied Petroleum Gas by this opposite party IS strictly in accordance with rules directions and specifications of Indian Oil Corporation. As per the standing instructions and as per the computer program supplied by Indian Oil Corporation the service connection to a consumer will be locked if the customer has not chosen to refill the cylinder at least once in six months. In many cases the system will lock such consumers even by completion of 178 days itself.
5. Opposite party No.2 in his version states that the opposite party have entertain the complaint regarding the non supply of gas and misuse of gas distributors and the deactivation and reactivation is deals by the distributors as per the Directions and guidelines of the Government and Oil companies and prayed to relieve him from the liabilities.
6. On considering the complaint, versions, affidavit and documents produced by both parties and argument notes the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
7. Point No.1:- The evidence of the complainant consists of testimony of PW1 and prayed that there may be a direction to the opposite party to pay Rs.50/- per day for the period of deactivation and not to deactivate the connection even after six months of non refill. And Ext.A1 is marked. Ext.A1 is the photocopy of the Consumer Card bearing Consumer No.3787 issued by the opposite party in the Name of the complainant, which is verified with the original and it shows that connection took place on 21.12.2006 thereafter refill was effected on 20.07.2007, 22.12.2007, 31.07.2008, 16.05.2009, 06.11.2009, 10.06.2010, 15.09.2010, 11.05.2011, 02.08.2011 and 27.10.2011. This shows that she refilled gas on an average of six months. Thereafter it may be deactivated, and thereafter reactivated and refilled on 03.06.2013. This means that the complainant not served with gas for about 20 months.
8. The opposite party is not adduced any oral evidence but produced Ext.B1 series B1(a) and B1(b) is marked. Ext.B1(a) is the reactivation of connection procedure issued by the Chief Area Manager, Indane Area Office, Indian Oil Corporation Limited to all distributors. Which shows as “We are enclosing herewith a form which has to be filled by the customer who has not taken refills for more than 6 months. The distributor shall get the form filled by the customer, get the same verified, and tally with the signature on SV”. It shows only how the reactivation can be affected for the customer who has not taken refills for more than six months. It does not show what is the procedure for deactivating a connection. Ext.B1(b) is a Circular issued by the Chief Area Manager, Indane Area Office, Indian Oil Corporation Limited to all distributors. In which it is stated that “Area office has asked the distributors to reactivate the deactivated customers who have not taken the refill for the last 6 months only. We observe that the reactivation by the distributor is being done without verifying the original documents and I.D proof etc.... It also does not show what is the procedure to be followed for deactivate a connection.
9. It is pertinent to note that “The supply of Liquid Petroleum Gas is to be done according to the Liquid Petroleum Gas (Regulation of Supply and distribution) order 1985. Regarding the delivery system order reads “After a cylinder is exhausted the consumer has no means of cooking until a refill cylinder is delivered. It is therefore essential for the distributors to have an efficient system under which refills are delivered with grate promptness and not later than 24 hours from the time the call for a refill is received”. On considering the above order and documents, evidence and affidavit we are in the opinion that deactivation of gas connection without intimating the customer is a clear deficiency of service and restrictive trade practice, which is to be compensated. The Point No.1 is found accordingly.
10. Point No.2:- The complainant brought out in evidence that there is a delay of more than one year for reactivating the gas connection that is from 27.10.2011 to 03.06.2013 the complainant could not avail gas refill. We ought to have awarded Rs.50/- per day for the deactivation period as compensation but we limit it to the tune of Rs.5,000/- as compensation and Rs.1,000/- as cost of this proceedings. The opposite party No.1 is liable to pay the amount. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and opposite party No.1 is directed to pay Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of this proceedings to the complainant and if there is any delay in payment the opposite party No.1 is also directed to pay interest @ 15% from the Order date till full payment. Opposite Party No.1 is also directed not to deactivate the gas connection of the complainant for non refill of gas for even more than six months. This Order must be complied by the opposite party No.1 within one month from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of October 2013.
Date of Filing:30.07.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Ramla. T. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Consumer Card.
Exhibits for the opposite Parties.
B1(Series). Copy of Circulars (2 Nos). Dt:19.11.2010 & 12.07.2012.
Sd/-
PRESIDENT, CDRF, WAYANAD.
