This is a discussion on Bharath Petroleum within the LPG Cylinder forums, part of the Product And Services category; C.C.No.114/08 Between:- Agalduty Anitha, W/o.Satyanarayana, Age:34 years, Occ:House hold, R/o.H.No.28-14, Near Shivakeshavalayam, Angadi Bazar, Mandamarry Mandal & Town of, Adilabad ...
- 09-05-2009, 10:06 PM #1Administrator
- Join Date
- Sep 2008
Agalduty Anitha, W/o.Satyanarayana,
Age:34 years, Occ:House hold,
R/o.H.No.28-14, Near Shivakeshavalayam,
Angadi Bazar, Mandamarry Mandal & Town of,
Adilabad District. …Complainant.
1. Bharath Petroleum Corporation Limited.,
Rep.by its Distributor Srinivasa Gas Agency,
Srinagar Colony, Gaddaragidi, Post:Kyathanapally,
Mandamarry Mandal, Adilabad District.
2. Srinivasa Gas Agency, Rep.by its Dy.Manager,
L.P.G. Sales, Sri.Kishore, H.No.2-5-596,
Near Maszid, Subadari, Hanamkonda, Warangal. …Opp.Parties.
Counsel for Complainant : Mr. A.Satyanarayan.
Counsel for Opposite Parties : Mr.S.Raja Ram.
SRI.P.THIRUPATHI REDDY, M.A., L.L.B. : PRESIDENT.
SRI.G.SRINIVAS, B.COM., L.L.B. : MEMBER.
FRIDAY THE 24th DAY OF APRIL 2009.-:ORDER:-This complaint is filed under section 12 of C.P. Act 1986.Order Pronounced by President:-
The brief facts of complaint are as follows:
1. The complainant is resident of Angadi Bazar, Mandamarry Mandal&Town of Adilabad District. The Opp.Party No.1 is Bharath Petroleum Corporation Limited Company running its business through out India. The complainant stated that in the scheme of Deepam Pathakam the complainant has got a gas connection by paying an amount of Rs.1200/- towards connections as per the orders of the previous Government and the Opp.Party No.1&2 for which the Opp.Party No.1&2 has issued a certificate of Bharath Gas Connection on the name of the complainant vide customer no.53633 and subscription voucher no.604283262 dt:05.05.2003. The complainant approached the Opp.Party No.2 for refill of gas cylinder for first time, the Opp.Party No.2 issued refilling gas by cylinder on 22.08.2003 and later, the Opp.Party No.2 not issued refilling gas cylinder and directed the complainant to approach the agent who is at Mandamarry market near Giri S.T.D. for refilling of gas cylinder. Surprisingly the agent of Opp.Party No.2 refused to enter the entries in the book of customer card. But has issued refilling cylinder, this process been continued for more than a period of 2 years. The complainant approached the Opp.Party No.2 for refilling of gas cylinder, the Opp.Party No.2’s staff refused to issue refilling gas cylinder by stating that the name of the complainant was removed from the records and in computer as the complainant has not been taking refilling gas cylinder since the time of purchase.
Hence the complainant prayed this Forum may kindly be pleased to allow the complaint as follows:
vDirection may be given to regularize for refilling of gas cylinder.
vDirection may be given to enter the entries in the book of domestic gas.
vTo direct to award Rs.15,000/- towards Medical Expenditure.
vTo direct to award Rs.20,000/- towards Mental agony and damages.
vTo direct to award Rs.3,000/- towards Traveling Expenditure.
vTo award Rs.4,000/- towards legal expenses and Miscellaneous expenses.
vCosts of the proceedings will be allowed.
2. The Opp.Party No.1 filed counter. The contents of counter is as follows:
It is a fact that the Respondent corporation introduced a new scheme for issuance of LPG Domestic connections to weaker sections of the society as per the conditions set for availing such connection in co-ordination with the State Government, better known as ‘Deepam Pathakam’ during the relevant point of time. It is the responsibility of the Respondent No.2 to extend good service to the customers enrolled with them. In the event of the complainant has any grievance at all against the alleged poor service rendered by Respondent No.2, then the complainant could have reported the same to the answering Respondent with reliable proof to enable them investigate the matter and for necessary solution thereof. In the instance case, the complainant has not preferred to undertake any such grievance redressal measure. It is an admitted position by the complainant herself that she is enrolled with the Respondent No.2 for LPG connection in the year 2003. Thereafter, it reveals that she has not taken the ‘refills’ from the Respondent No.2 at specific interval at all. It was only in the end of the year 2008, she had approached the Respondent No.2 for ‘refill’ supply. Since there was no requisition for ‘refill’ supply for the said connection for almost 5 years, the said connection has become ‘lapsed’ and was hence frozen. From the complainant’s own admission, it reveals that she was taking refills from some unknown sources in an illegal and unauthorized manner without any proper documentation and delivery challan and payment receipt. Much less, she can not hold the Respondent No.1 responsible for her own lapses and breaches. There was no brevity of contract between the Respondent No.1 and the complainant as alleged to claim such compensation. The fact remains that the complainant failed and neglected to keep the connection live for more than 5 years from the last refill supply. Hence, the said connection has become in-operative for more than 4-5 years. In that event, the complainant must have approached the Respondent No.1 for restoration/regularization of the said defunct connection by way of completing the simple formalities. Instead of which, the complainant has chosen to adopt unfair and aggressive methods to cover up her breaches and unlawful actions by way of preferring the instant complaint before this Ld. Consumer Forum. The alleged damages as prayed by the complainant is without any cause of action, lack of evidence and without any balance of convenience. The complainant is attempting to make out a cause for a wrongful gain which otherwise amounts to ‘supressioveri suggestion folsi’. The complainant is no way entitled and this Opp.Party no way liable for any of the amount claimed in the prayer para. Therefore, the same are denied. The Opp.Party No.1 prayed to dismiss the complaint.
2. The Opp.Party No.2 filed counter. The contents of counter is as follows:
This Opp.Party has no agents nor asked the complainant or any of it’s consumers to go to any of their agents including the alleged person Giri. Even if the complainant got gas cylinder from any other source, this Opp.Party is no way responsible. Obtaining such cylinder from any other source is illegal as such and amounts to getting a cylinder in black market. The complainant did not take refill for a long time since 2003, her name was removed from regular rolls of consumers and was shifted to the list of dormant consumers. The complainant gave an application dt:15.09.2008 wherein also the complainant clearly admitted that she has not been consuming gas for long time as she was away from her residence on health grounds. Even now the complainant furnishes the identification and residential proof this Opp.Party No.1 after verification of the same, is ready to supply the refills regularly to the complainant as per rules of the company. It is to be specifically noted that non taking of refills regularly is an admitted fact for which the necessary requirements have to be complied by the complainant. The Opp.Party No.2 prayed to dismiss the complaint.
3. Both parties filed Proof Affidavits.
4. On behalf of complainant Ex.A1 & A2 are marked. No documents are filed on behalf of Opp.Party.
5. Now the point for consideration is whether there are grounds to allow the petition?
6. Heard both sides. Practically there is no much contest in this case. The main contention of the Opp.Parties is that the complainant neglected to keep the connection to live for more than 5 years from the last refill supply. So the connection became in operative for more than 4 to 5 years. So they could not supply the refill cylinders. The material papers relied on by complainant do not show that the complainant utilized this connection regularly as per rules. As matter stands, nothing can be legally attributed to Opp.Parties on any ground. Considering all circumstances on record we feel it reasonable to direct the Opp.Parties for restoration/regularization of the said defunct connection after complying the required formalities by the complainant.
7. In the result complaint is allowed. The Opp.Parties are directed to restore/regularize the defunct connection in favour of complainant after completing and complying the rules and regulations and formalities of the company by the complainant within a period of two months from the date of receipt of this order, If the complainant do not comply the formalities the connection stands cancelled/defunct and becomes in operative. Failing which the complainant shall be at liberty to proceed against them U/S.25/27 of Consumer Protection Act 1986.Regards,
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- 09-19-2009, 07:02 PM #2
Ch. Nagender S/o Malhari, aged 56 years,
R/o H.No. 4-9-40, Prashanthnagar Colony,
1. Vinay Gas, (Bharath Gas) Mail Road,
Sangareddy, Rep. by its distributor.
2. District Collector, Medak at Sangareddy.
3. Joint collector, Medak at Sangareddy.
4. District Civil Supply Officer, Sangareddy.
5. Area Manager Bharath Gas, Near Clock Tower,
O R D E R
This complaint is filed Under Section 12 of Consumer Protection Act, 1986 to give suitable orders to opposite parties Nos. 1 and 5 to supply gas to the complainant immediately, without replacing the defective cylinder and send the existing cylinder to laboratory for testing and order compensation of Rs. 50,000/- for mental agony and Rs.10,000/- towards damages and costs.
The averments in the complaint in brief are as follows:
1. The complainant has gas connection No. 1017 with opposite party No.1. He booked for gas on 04.12.2008 and gas was supplied to him on 13.12.2008. After expire of the stipulated period, the complainant again booked for extra cylinder on 05.01.2009. The cylinder supply on 13.12.2008 was connected on 14.12.2008 but that cylinder was not having gas. Then the complainant informed opposite party No. 1 who sent his mechanic. The mechanic checked the cylinder and informed that it was defective and the gas might have been mixed with water. Opposite party No. 1 failed to replace the cylinder, inspite of complainant’s request. From 14.12.2008 the complainant could not prepare food for his family consisting of five members and they had to depend upon Janapriya hotel and there by incurred Rs. 300/- per day.
The extra cylinder also was empty on 05.01.2009. Opposite party Nos. 1 and 5 did not take any steps inspite of complaints to them by the complainant. The complainant is aged about 57 years and he is a kidney patient. He maintains diet control and under going treatment in Care hospital, Hyderabad. The conduct of opposite party Nos. 1 and 5 amounts to deficiency in service and negligence for which they are liable to pay damages and compensation of Rs. 50,000/- . Hence the complaint.
2. The opposite party Nos. 1and 5 have not filed any counters.
3. The opposite parties No. 2 to 4 resisted the claim of the complainant by filing counter of opposite party No. 4, which is adopted by opposite party Nos. 2 and 3 under a memo of the Government Pleader.
4. The contents of the counter in brief are as follows:
The complainant himself admitted in his complaint that on his request a mechanic was sent by the management of opposite party No. 1 and the said mechanic has also checked the cylinder. This event shows timely response of the Gas Agency to customers. Due to strike by transporters and oil company officers the gas agency could not get gas therefore gas was supplied to the complainant at a later date on 16.01.2009. Later another cylinder was also supplied to the complainant. Regarding referring the cylinder to the laboratory for testing, the oil company/gas company are solely responsible for the lapses. In circumstances the case may be dismissed.
5. Evidence affidavits are not filed by both parties and no documents are also marked by them. Written arguments are also not filed and oral arguments are also not advanced. Perused the record.
6. The point for consideration is whether the complainant is entitled to the orders prayed for by him in the complainant.
7. The case of the complainant is that on 13.12.2008 gas cylinder was supplied to him by opposite party No. 1 and on 14.12.2008 regulator was connected to that cylinder and when valve was opened to release gas it did not catch fire as no gas came out and on shaking the cylinder it was found to contain water and when he complained to opposite party No. 1, a mechanic was sent by them who checked the cylinder and informed that there was defect, but opposite party No. 1 failed to replace the cylinder inspite of requests.
8. Even though the complainant has deposited the alleged defective cylinder for being sent to any laboratory for testing, again he filed a memo for return of the cylinder stating that later gas was supplied to him therefore he has to return the defective cylinder to opposite party No. 1. In view of the said memo the cylinder was ordered to be returned to the complainant who received back the cylinder and filed a receipt acknowledging the receipt of cylinder by him.
9. As already stated above opposite party No. 1 has not filed any counter either to admit or to deny any of the contents of the complaint. However as the complainant, being a practice in lawyer, has not filed his evidence affidavit nor marked any documents on his behalf, to prove the contents of the complaint, simply basing on the averments in the complaint no order can be passed in favour of the complainant, even though opposite party No. 1 has not filed any counter and remained absent and allowed the proceedings to go exparte. In the circumstances it is held that the complainant has failed to prove the contents of the complaint and therefore it is held that he is not entitled to any relief. The point is answered against the complainant.
- 02-09-2013, 09:30 PM #3unregistered Guest
hp gas for deepam gas
I am bari I need govt provide shemece deepam gas change name now are not say me there not get any information gas name another name is transfer to other name are not please say
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