Date of filing : 31-03-2010 Date of order : 24 -09-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 79/10 Dated this, the 24th day of September 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Sheik Usman, S/o. Sheik Ahammad Saheb, Retired Driver of D.S.O, } Complainant R/at Thayalangady of Kasaragod Kasaba Village, Kasaragod (Adv. B.Ramakrishna Bhat, Kasaragod) Vinod, Manager, } Opposite party Blue Flame Agencies, Bharath Gas Distributor, Kalnad Complex, Railway Station Road, Kasaragod. (Adv. A.Gopalan Nair, Kasaragod) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Tersely stated Complainant approached with the grievance that opposite party is committing inordinate delay in supplying the refilled LPG cylinders and thereby causing mental agony and discomfort. Since there is inordinate delay in supply of LPG refilled cylinders complainant constrained to use Kerosene for his domestic purposes that is purchased for exorbitant rates. Therefore the complaint for an order directing the opposite party to supply the cooking gas within 10 days from the date of booking and a compensation of `10,000/- 2. According to opposite party they had delivered the gas cylinders to the complainant without any delay but subject to the availability of the filled gas cylinders from filling station. But the complainant used to book the gas cylinder on the very next day of the delivery of the previous booking. They have to supply gas cylinder to 20000 consumers. But they are very keen to supply the gas cylinders without any deficiency. On several occasions when opposite party went to deliver the gas cylinders at the residence of complainant, the house was seen locked. Hence the employee is constrained to return without delivering the gas cylinder which cannot be alleged as deficiency. There is shortage of filled gas cylinders to opposite party on every month from its territory office which creates several problems to opposite party. The complainant has not suffered any mental agony or discomfort due to non-supply of refilled gas cylinder in time. He is not entitled for any relief claimed in the complaint. 3. Complainant filed proof affidavit in support of his claim. Ext.A1 copy of the Consumer card and Ext.A2 the minutes of meeting of the co-ordination committee constituted in the matter of refilled gas cylinders supply is marked. On the side of opposite party no oral or documentary evidence adduced. Both sides heard. Documents perused. 4. From Ext.A1 copy of the consumer card it is seen that there is a time of gap of 30 to 40 days for supplying the refilled cylinder from the date of booking. The explanation for this delay is not satisfactorily explained by opposite party. 5. The contentions of counsel for opposite party is that no specific cause of action is mentioned or no particular occasion is not mentioned on the date one which the refilled gas cylinder supply is delayed and the complainant is a consumer for the past 11 years and he used to book for the refilled cylinder on the next day on which the refilled cylinder is supplied and on many occasions the delivery man is returned on seeing the door locked. Hence according to the learned counsel for opposite party there is no deficiency in service on the part of opposite party and the complainant is not entitled for any relief claimed in the complaint. 6. The delay in supply of refilled gas cylinders by the gas agencies are rampant. As per the version of opposite party he is supplying the refilled cylinders subject to the availability of the filled gas cylinders from filling station and they have to supply gas to 20000 consumers. The increased number in consumers is not at all a reason for the delay in delivery of the refilled cylinder. The dealer shall be equipped with all infrastructure to meet the contingencies in the supply and the lack of infrastructure shall not cause the consumer to suffer. 7. Though opposite party alleged that he is distributing the refilled gas cylinder subject to the availability from the filling station, in the version nowhere it is stated that there is dearth in supply from refilling station. Had it been so opposite party should have pleaded non-joinder of necessary parties of the said refilling station. 8. It is seen that opposite party is not keen enough to overcome the situation of delayed supply of refilled cylinders in time. But the fact remains is that the hullabaloos regarding the supply of the refilled gas cylinders are still in hot water and consumers are in sheer agony. No positive steps are seen taken by opposite party curb the irregularity in the supply. 9. The Liquefied Petroleum Gas (Regulation of Supply and Distribution) order, 2000 provides as follows: Order 9: Procurement, storage and sale of liquefied petroleum gas by a distributor (a) No distributor having stock of liquefied petroleum gas at the business premises, including storage point shall unless otherwise directed by a government oil company or a parallel marketeer, refuse to sell LPG on any working day during working hours, to the consumer registered with that distributor.9(c) every distributor shall take steps to ensure that stocks of liquefied petroleum gas are available at the business premises including storage point at all times. On going through the above it is manifest that opposite party is bound to keep sufficient stock at his business premises at all times. 10. Moreover as per Section 3 & 7 of the Essential commodities Act also opposite party is bound to supply the refilled gas cylinders without delay. 11. Relying on the above provisions the Hon’ble Kerala State Consumer Disputes Redressal Commission Appeal No.507/2009 in the case of Bharath Petroleum Ltd V. P.V.Balan decided on 24-3-2010 has held that the consumer is entitled for 10/- per day from the next day of booking the cylinder till date of delivery. In view of the above we pass the following order. Complaint is allowed. Opposite party is directed to supply refilled gas cylinders to the complainant within 24 hours from the date of booking in future. Failing which opposite party shall be liable to pay a cost of `10/- per day to the complainant from the next day of booking to till date of delivery of the cylinder. Opposite party also directed to pay `2000/- towards the cost of these proceedings. Time for compliance 30 days from the date of receipt of copy of the order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Copy of pass book distributing the gas. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
