DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 19^th day of November  2012 

Present :  Smt.Seena.H, President

            : Smt.Preetha.G.Nair, Member

            : Smt.Bhanumathi.A.K, Member                 Date of Filing : 02/07/2012

CC No.115/2012

M.Sureshkumar,

S/o.R.Manian,

29/85(1), Gayathri Nivas,

Karnaki Nagar,

Moothanthara,

Vadakkanthara Post,

Palakkad.                                                     -        Complainant

(By Party in Person) 

Vs
 

The Proprietor,

M/s.M.A.Ahammed Ravuthar & Co.,

Dealer Bharath Petroleum Corporation Ltd.,

Sakunthala Junction, T.B.Road,

Palakkad                                                      -        Opposite party

(By Adv.John John)

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The complainant has approached the opposite party on 30/6/2012 to fill petrol in his vehicle. Then the workers of  opposite party  imposed excessive rate on 30/6/2012 as the price of one litre petrol was Rs.69.79. But the opposite party has collected the amount as per the revised rate. There was a change in retail selling price of petrol with effect from 30/6/2012 midnight due to the revision in Kerala State Sales Tax rate for petrol. As per the revised rate the retail selling price of the petrol in Palakkad Town was revised and to collect the revised rate from 30/6/2012 morning itself. The opposite party’s petrol pump  situated at the heart of Palakkad town and more than 1000 of people coming to fill the petrol in their vehicle. The opposite party had collected the excess amount before  imposing the revised rate. The act of opposite party amounts to deficiency in service and unfair trade practice. The complainant questioned about the revised rate of petrol and that the workers in the opposite party’s petrol pump assaulted him. The complainant is a heart patient and the opposite party’s workers assaulted him infront of the public caused much mental pain. Thereafter the complainant filed complaint to the appropriate authorities. The opposite party illegally earned a huge profit by imposing excessive rate for petrol than the prevailing market rate. Hence, the complainant prays an order directing the opposite party to pay Rs.90,000/- as compensation for mental agony.

Opposite party filed version stating the following contentions. It is true that on 30/6/2012 the complainant filled petrol in his vehicle from opposite party’s petrol pump.  Also on 30/6/2012 the opposite party sold the petrol to the complainant for an amount of Rs.70.39  per litre and the increased rate was displayed in the pump. There was a specific direction from M/s.Bharath Petroleum Limited to collect the revised rate from 30/6/2012 morning onwards. The opposite party’s petrol pump acquired reputation and goodwill only due to the sincere and honest dealings with the customers.

The allegation in the complaint that the complainant questioned about the revised rate of petrol and the workers assaulted him are false. The opposite party had not done anything which will cause any mental agony or suffering to the complainant.

 There was a change in retail selling price of petrol with effect from 29/6/2012 midnight due to the revision in Kerala State Sales Tax Rate for petrol from 23.89% to 24.9%. As per the above said change the retail selling price of the petrol in Palakkad Town was revised from Rs.69.79 to Rs.70.39 with effect from 30/6/2012 onwards. The information regarding the increased rate was intimated by M/s. Bharath Petroleum Corporation Ltd. to the opposite party on 29/6/2012  itself and directed them to collect the revised rate from 30/6/2012 morning itself. Hence the opposite party sold  the petrol in the revised rate of Rs.70.39 per litre from 30/6/2012 morning onwards. All the dealers of M/s.Bharath Petroleum Corporation Ltd., in Palakkad District started collecting the revised rate from 30/6/2012 morning onwards.

Hence the opposite party prayed that dismiss the complaint with costs.

Both parties filed their affidavits.Ext.A1 and A2 (with objection) marked on the side of complainant. Ext.B1 to B3 marked on the side of opposite party. Matter heard. 

Issues to be considered are;

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

2.    If so, what is the relief and cost?

Issue No.1 & 2

Admittedly on 30/6/2012 the complainant filled petrol in his vehicle from the opposite party and the increased rate was displayed in the petrol pump. Also the opposite party sold the petrol to the complainant for an amount of Rs.70.39 per liter. It was evident from Ext.A1 that the opposite party sold petrol for an amount of Rs.70.39 per liter. As per Ext.B3 the Malayala Manorama Newspaper dated 2/7/2012 shows that the petroleum dealers association stated that the authorized company had given instructions to sell the petrol for the revised rate of Rs.70.39 per liter from 29/6/12 midnight onwards. As per Ext.B1 Bharath Petroleum Corporation Ltd. Calicut territory office mentioned that there was a change in retail selling price of petrol with effect from 29/6/12 midnight due to the revision in Kerala State Sales Tax rate for petrol from 23.89% to 24.97%. Also mentioned in Ext.B1 letter dated 26/07/12  that our dealers in Palakkad implemented the revision in petrol price effective from 30/6/12 as per instruction.

In Ext.B2 also shows that revised with effect from midnight of 29/6/12 / morning of 30/6/2012. According to the complainant the revised rate was published by the Govt.on 30/06/2012 midnight onwards. No documentary evidence produced  by the complainant to show that the revised rate was with effect  from 30/6/2012 midnight. The opposite party has stated that the retails selling price of the petrol in Palakkad was revised from Rs.69.79 to Rs.70.39 with effect from 29/6/2012 midnight  onwards. But the opposite party has not produced the Order to revise the price of petrol from 29/6/2012 onwards. Ext.B1 and B2 shows the revised order from the Bharath Petroleum Corporation Ltd. received by the opposite party after the date of 30/6/2012.

The complainant argued that the Govt. has published the revised price of petrol and stated the revised price of the petrol with effect from 30/06/2012 midnight. The opposite party has not produced contradictory evidence. Ordinarily people look in newspaper and television to collect the price of goods.

The opposite party has produced Ext.B1 to B3 documents to show that their company directed the retail selling price of the petrol was revised from Rs.69.79 to Rs.70.39 with effect  from 29/06/2012 midnight onwards. Ext.B1 letter dated 26/7/2012 issued by Territorial Manager  of M/s.Bharath Petroleum. Ext.B2 is the copy of the mail  sent by M/s.Bharath Petroleum Corporation Ltd., Ext.B3 the Malayala Manorama dated 2/7/12 mentioned that the opposite party has collected the revised amount as per the direction from the company. Opposite party stated that all the dealers of M/s.Bharath Petroleum Corporation Ltd. in Palakkad started collecting the revised rate from 30/6/2012 morning onwards. No documentary evidence produced by the opposite party to prove that all dealers started collecting the revised rate from 30/6/2012 morning onwards.

No  order was produced by the opposite party to show that as per the direction they revised the retail price of the petrol from Rs.69.79 to Rs.70.39 with effect from 29/6/12 midnight onwards. Nowadays the price of petrol was increased in several times. It is the bounden duty of opposite party to produce the order to prove the date of the revised price of petrol. Also the complainant argued that the opposite party has not produced evidence to show that tax given on 29/06/2012 midnight  onwards. No contradictory evidence produced by the opposite party.

In the above discussions we are of the view that there is deficiency in service on the part of opposite party. In the result complaint partly allowed.

We direct the opposite party to pay the complainant an amount of Rs.1,000/- (Rupees One thousand only) as compensation for mental agony and pay Rs.500/- (Rupees Five hundred only) as cost of the proceedings.

 Order shall be complied within two months from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.      

Pronounced in the open court on this the 19^th day of November  2012.

    Sd/-

Seena.H,

President

    Sd/-

Preetha.G.Nair,

Member

    Sd/-

Bhanumathi.A.K,

Member 

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1series – Cash bill issued by opposite party dtd.30/6/12  (2 nos) 

Ext.A2 – Newspaper report dtd.1/7/12 in Malayala Manorama daily

Exhibits marked on the side of the Opposite party

Ext.B1- Letter dtd.26/7/12 issued by Territorial Manager, Bharath Petroleum

            Corporation to the opposite party  with enclosures

Ext.B2 – Copy of Forwarded Mail sent by Bharath Petroleum Corporation to the

             opposite party

Ext.B3 - Newspaper report dtd.2/7/12 in Malayala Manorama daily

Cost