THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 138 of 2015
Date of Institution : 05.03.2015
Date of Decision : 23.09.2015
Kashmir Kaur w/o Baldev Singh, village Kotla Khurd, Post Office Kathunangal, District Amritsar
...Complainant
Vs.
Distributor, Verka Indane Service Shop No.1, Opp. Veterinary Hospital Near Junior Model School, Batala Road, Verka,Amritsar through Balwinder Kaur
Sareen Thakur, D.M.Gas Agency, Amritsar Divisional Office, 89 , National Tower, Ranjit Avenue, B-Block, Amritsar (Near Passport Office)
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : In person
For the opposite party No.1 : Sh. Kuljeet Singh, Advocate
For opposite party No.2 : Sh. P.C.Grover,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member
Order dictated by :-
Bhupinder Singh, President
-2-
1 Present complaint has been filed by Kashmir Kaur under the provisions of the Consumer Protection Act alleging therein that she has a domestic gas connection bearing No. 6110 . According to the complainant she had obtained gas cylinder on 28.1.2015 through home delivery service. In the month of February 2015 complainant applied for gas cylinder refil through online No. 97813-243365 but the complainant has not received the gas cylinder refil for the month of February 2015. Complainant connected with the opposite party telephonically vide No. 01835026451, but they flatly refused to deliver the gas cylinder refil for the month of February 2015. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to provide the gas cylinder refil for the month of Feb. 2015. Compensation and litigation expenses for the harassment she has suffered due to non supply of gas cylinder refil, be also awarded to the complainant.
2. On notice, opposite party No.1 appeared and filed written version in which it was submitted that complainant has booked his refil on 2.1.2015, 18.1.2015, 2.3.2015, 1.4.2015 and these refills were delivered to her at her residence address on 16.1.2015, 28.1.2015, 10.3.2015 and 4.4.2015 respectively. It was denied that complainant booked refil, online on number 97813 24365. It was also denied that message of booking was delivered to the complainant regarding delivery of refil till February 28,2015. It was rather submitted that no booking as alleged was made by the complainant in the month of February 2015. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite party No.2 in its written version has submitted that opposite party No.1 has dealership agreement with opposite party No.2, so opposite party No.1 is solely responsible/liable for any breach or default committed in the supply of gas cylinder to the consumer. Whenever gas is booked, on online number the said booking is made on mobile No. 9888145991 for onward transfer of said booking to the distributor concerned. The distributor issues/releases LPG refil to the concerned consumer at the domestic address of the consumer and makes entry in the blue book issued to the registered consumer. If consumer is not available at its residence, then booking is treated as cancelled. On delivery of the refil of LPG , the concerned distributor gets Rs. 46/- per refil from the Indian Oil Corporation which is the only source of its income. As per the record , the complainant made no booking of gas refil from its registered mobile phone in the month of February 2015. However, complainant made such booking of gas refill in January 2015 on 4.1.2015 and the same was delivered on 16.1.2015 , then on 18.1.2015, which was delivered on 28.1.2015, again booked on 2.3.2015 which was delivered on 10.3.2015 and on 1.4.2015 and the same was delivered to the complainant on 4.4.2015. Had there been any booking made by her in February 2015 , there was no question of non delivery thereof. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Complainant tendered into evidence her affidavit Ex,.C-1, copy of consumer pass book Ex.C-2, copy of cash memo dated 27.1.2015 Ex.C-3.
5. Opposite party No.1 tendered affidavit of Balwinder Kaur, Prop Ex.OP1/1, coy of consumer detail Ex.OP1/2, copy of consumer booking history Ex.OP1/3.
6. Opposite party No.2 tendered affidavit of Sh. Sunil Thakur ,Asstt.Manager Ex.OP2/2, copy of reply to e-mail Ex.OP2/3.
7. We have carefully gone through the pleadings of the parties, arguments advanced by the complainant and ld.counsel for the opposite parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
8. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant has gas connection with opposite party No.1 having consumer No.6110. The complainant submitted that she had been receiving gas cylinder refills from the opposite party regularly. Lastly she received gas cylinder refill on 28.1.2015 through home delivery. However, in February 2015 she got booked cylinder on online No. 97813-24365 and she also received a phone message that she would be delivered gas refill by 28.2.2015 but she did not receive the gas cylinder refill. Then on 3.3.2015 she booked gas cylinder refill which was delivered to the complainant on 10.3.2015. However, she did not receive gas cylinder refill in the month of Feb. 2015. All this amounts to deficiency of service on the part of the opposite parties qua the complainant.
9. Whereas case of opposite party No.1 is that the complainant has not approached this Forum with clean hands and has suppressed the material facts .No booking of gas cylinder , as alleged, has been booked by the complainant in the month of February 2015. The complainant has booked his refill on 2.1.2015, 18.1.2015, 2.3.2015 and 1.4.2015 and these refills were delivered to her residence as home delivery on 16.1.2015, 28.1.2015, 10.3.2015 and 4.4.2015 respectively and there was no lapse on the part of the opposite party. As per the record of the opposite party no gas cylinder has been booked by the complainant with the opposite party in the month of February 2015. Ld.counsel for opposite party No.1 submitted that there is no deficiency of service on the part of opposite party No.1 qua the complainant.
10. Whereas case of opposite party No.2 is that opposite party No.1 as dealership agreement with opposite party No.2, so opposite party No.1 is solely responsible/liable for any breach or default committed in the supply of gas cylinder to the consumer. Whenever gas is booked on online number, the said booking is made on mobile No. 9888145991 for onward transfer of said booking to the distributor concerned. Then the distributor issues/releases LPG refil to the concerned consumer at the domestic address of the consumer and makes entry in the blue book issued to the registered consumer. If consumer is not available at its residence, then booking is treated as cancelled. On delivery of the refil of LPG , the concerned distributor gets Rs. 46/- per refil from the Indian Oil Corporation which is the only source of its income. As per the record maintained by the company no booking of gas refil was made by the complainant in the month of February 2015. She got booked refil on 4.1.2015 which was delivered to the complainant on 16.1.2015. She made another booking on 18.1.2015 which was delivered on 28.1.2015. In March 2015, the complainant made booking on 2.3.2015 which was delivered to the complainant on10.3.2015 and in April 2015 booking was made on1.4.2015 and delivery was made to her on 4.4.2015. The computerised record maintained by the opposite party reflect that no such booking was made by the complainant in the month of February 2015.Had there been any booking made by the complainant in February 2015, there was no question of non delivery thereof. So there is no lapse on the part of the opposite parties in delivering the gas refil to the complainant. Ld.counsel for opposite party No.2 also submitted that there is no deficiency of service on the part of opposite party No.2 qua the complainant.
11. From the entire above discussion, we have come to the conclusion that complainant got booked gas refil in the month of January, 2015 two times, firstly on 4.1.2015 and the gas refil was delivered to the complainant on 16.1.2015 . She made booking of gas refil on 18.1.2015 which was delivered on 28.1.2015. Then she made booking in March 2015 i.e. on 2.3.2015 which was delivered to the complainant on 10.3.2015 and then on 1.4.2015 which was delivered to the complainant on 4.4.2015. Generally one refil is booked in one month but the record shows that the complainant got booked refil in the month of January, 2015 two times and she was delivered two gas refils at her residence on 16.1.2015 and 28.1.2015. As per the record of the opposite parties no booking was made by the complainant in the month of February 2015. However, she made booking on 2.3.2015 and the gas refil was delivered to her on 10.3.2015 and then she made booking on 1.4.2015 and the delivery of the gas refil was made to the complainant on 4.4.2015. No doubt the complainant has submitted that she made booking of gas refil in February 2015 but she has not mentioned the exact date when she got booked the gas refil cylinder with the opposite party online in February, 2015 nor she has mentioned the number of booking at which the refil was booked by the opposite party online. Moreover, the complainant could not produce any authentic evidence except her own bald statement that she got booked gas refil online in the month of February, 2015. Whereas the record of the opposite parties shows that no gas refil was booked by the complainant in February 2015 otherwise opposite party No.1 who is to earn Rs. 46/- on supply of refil to the consumers, if the complainant has got booked the refil with the opposite party No.1 ,why they would not supply the same to the complainant, Whereas the record of the opposite parties prove that they have been supplying the gas cylinder refil to the complainant regularly without any default.
12. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
23.09.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) Member
