D.O.F. 06.08.2011

                                        D.O.O.25.01.2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

       Present:   Sri. K.Gopalan                 :     President

              Smt. K.P.Preethakumari  :   Member

Dated this the  25^th   day of  January     2012.

C.C.No.244/2011

Keethadath Moossan,

Through PA Holder and brother

Muhammed Sadiq.K,

Keethadath House,

Blathur.P.O Kalliad 670593.

(Rep. by Adv.P.P.Mubashirali)                                       Complainant

1.The Proprietor,

   Happy Indane Serice,

   The Indane Distributor,

   Kanjirode,

   P.O.Kanjirod 670 592.                          Opposite Parties

   (Rep. by Adv.C.K.Ratnakaran)

 2. Customer Care Officer,

     Indian Oil Corporation(LPG)

     Indane Area Office,

     PMK T owers, Wayanad Road,

     Civil Station.P.O,

     Kozhikode 673 020

O R D E R

Smt. K.P. Preethakumari, Member.

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing the opposite parties to permit the power of Attorney holder of the complainant to carryout necessary activities and to submit relevant documents such as subscription voucher, pass book, ration card, identity card, registration slip for and on behalf of complainant to 1^st opposite party and to allow the second cylinder to the complainant with `10000 as compensation and cost of litigation.

          The case of the complainant in brief is that 1^st opposite party is the oil company and 2^nd opposite party is its authorized agency and the complainant is the subscriber of LPG having No.3012 and subscription No.328961 dt.24.11.03. The complainant’s family is a joint family and has been jointly residing. The complainant has only single cylinder and he had applied for additional cylinder to 2^nd opposite party through 1^st opposite party having registration NO.648 and thereafter he left for abroad after executing Power of Attorney  in the name of his brother Muhammed Sadiq to do all the needful for getting 2^nd cylinder. Later the opposite parties provisionally sanctioned additional gas cylinder to complainant and sent intimation informing the same with an instructions to submit entire papers including registration slip, subscription voucher, identity card and ration card etc to 1^st opposite party for completing the process of approval. Accordingly on 23.3.11 the power of Attorney holder approached the 1^st opposite party with original Power of Attorney, subscription voucher, registration slip and ration card etc. for submitting, but  1^st opposite party refused to accept the necessary papers  stating that opposite party will not allow or permit Power of Attorney to do the works or to carryout the activities relating to the gas connection for and on behalf of the complainant even though he had approached two more times. So the complainant issued a lawyer notice but 1^st opposite party refused to accept the notice. 2^nd opposite party received the notice and sent reply stating that as per their policy to reduce the misuse of LPG they are not accepting the Power of Attorney. The Power of Attorney is a valid document by which the Attorney can do execute the acts under the powers conferred on him by executants. In India at present no law is in existence which prevents the attorney from acting on the strength of Power Attorney. So the acts of opposite parties are deficiency in service and unfair trade practice. The complainant has suffered so much of mental, monetary and physical  hardship. Hence this complaint.

          In pursuance to the notice issued by the Forum 1^st opposite party appeared and filed their version admitting that the complainant is a customer and subscriber of LPG single cylinder and the opposite parties provisionally sanctioned additional gas cylinder to the complainant and sent intimation informing the same with instruction to submit entire papers to 1^st opposite party for completing process of approval etc. The 1^st opposite party further admits that the 1^st opposite party refused to accept the necessary papers from the attorney of the complainant stating that opposite parties will not allow or permit Power of Attorney Holder to do the works relating to the gas connection for and on behalf of complainant. The 1^st opposite party is only an authorized LPG distribution agency of 2^nd opposite party. As per   2^nd opposite party the person in whose name gas connection was issued must receive the receipt after putting signature in the subscription voucher and the opposite party has no power to make any amendments to the guidelines of 1^st opposite party and as per their policy, they are not accepting Power of Attorney to do any acts in connection with the gas. The 1^st opposite party is ready to receive the power of Attorney of the complainant if the 2^nd opposite party is ready to accept the same and hence the complaint is liable to be dismissed.

          2^nd opposite party issued letter stating that the domestic connection carried subsidy and is not transferable as per the details given in the subscription voucher and in the case customer has left the address he should surrender the connection rather than using it by other person which is  violation of the LPG control order. The equipments are loaned to the customer on security deposit and the oil companies cannot accept any Power of Attorney for dealing with LPG connections.

          But both opposite parties subsequently remain absent.

          Up on the above pleadings the following issues have been taken for consideration.

1.         Whether there is any deficiency in service on the part of opposite parties?

2.         Whether the complainant is entitled for the relief as prayed in the complaint?

3.         Relief and cost.

The evidence consists of the chief affidavit filed in lieu of chief examination and Exts.A1 to A5.

Issues 1 to 3 :

          The complainant’s case is that an additional gas cylinder was allotted to him by 2^nd opposite party and he had deputed his power of attorney to execute and produce necessary documents for the above purpose before 1^st opposite party since he has been working in gulf. But the 1^st opposite party has shown reluctance in allowing the Power of Attorney holder   to execute and produce necessary documents by saying security reason. In order to prove the case complainant has produced attested copy of power of attorney, intimation by 1^st opposite party, copy of lawyer notice, reply issued by 2^nd opposite party and subscription voucher etc. The documents produced by the complainant proves the case of the complainant that the  opposite parties sanctioned 2^nd cylinder to  the complainant and  are not willing to release the 2^nd cylinder by receiving the documents as per Ext.A2 i.e., Registration sip, subscription voucher, identity card and ration card from the  Power of Attorney Holder  of the complainant. According to opposite parties they are not accepting the Power of Attorney to reduce the misuse of LPG. But in the case the need of the complainant is to release the 2^nd cylinder in his own name through his Power of Attorney holder for and on behalf of him and for that purpose the complainant has produced the power of Attorney duly singed and attested by a Notary Public. The documents directed to produce by the opposite parties are the identity card, ration card, registration slip etc. which are the document kept the holder of tht document in their safe custody and the person who is intended to produce these documents  is the Power of Attorney holder of the complainant with valid power of attorney duly executed and signed by a notary public. So we are of the opinion that the opposite parties re bound to allow the Power of Attorney holder to execute and produce necessary documents for and on behalf of the complainant and hence there is deficiency of service on the part of opposite parties. So the opposite party have to allow the Power of Attorney holder of the complainant Mr.Muhammed Sadiq to execute and produce necessary documents which re required for releasing the 2^nd cylinder and to release the 2^nd cylinder with `1000 as cost of this litigation and order passed accordingly.

                    In the result, the complaint is allowed directing the  opposite parties to permit the Power of Attorney holder of the complainant Mr.Muhammed Sadiq.K to carried out necessary  activities and to submit relevant documents which are required for releasing the 2^nd cylinder and to release the 2^nd cylinder and to pay `1000 (Rupees One thousand only) as cost of this proceedings  within 30 days from the date of receipt of this order, failing which complainant is entitled to execute the order against  opposite parties as per the provisos of consumer protection Act.

                               Sd/-                      Sd/-   

                        President                   Member     

APPENDIX

Exhibits for the Complainant

A1.Copy of the Power of Attorney

A2. Copy of the intimation issued by OP

A3.Copy of the lawyer notice sent to Ops

A4.Copy of the reply notice

A5.Copy of subscription voucher

Exhibits for the opposite Parties: Nil

Witness examined for either side: Nil

                                                         /forwarded by order/

                                                            Senior Superintendent