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 District. …Complainant.

//AND//

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.

QUORUM:-

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:-

Order Pronounced by President:-

This complaint is filed under section 12 of C.P. Act 1986.
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.