DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.564 of 21-11-2012
Decided on 26-04-2013
Jaipal aged about 30 years S/o Sham Lal R/o Ward No.15, Janta Colony, Rampura Phul, Distt. Bathinda.
........Complainant
Versus
1.Indian Oil Corpn Ltd. Indian Oil Bhawan Plot No.3-A, Madhya Marg, Sector 19, Chandigarh, through its General Manager.
2.Area Sales Officer, Inane Gas (IOCL) Model Town, Phase I, Near Gurdwara Bathinda.
3.M/s Ajit Indane Gas Service, Shaheed Smarak College Road, Rampura Phul, through its Proprietor.
4.M/s Paramveer Gas Service, Rampura Phul, through its prop.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt.Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Shah Bharat Singh, counsel for complainant.
For Opposite parties: Sh.Ajay Singla, counsel for opposite party Nos.1 & 2.
Sh.Ashok Gupta, counsel for opposite party Nos.3 & 4.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is holding the Indane gas connection bearing No.P-21311 with the opposite party No.4 and the supply of his gas connection was suspended on 29.10.2010 without assigning any reason. The complainant approached the Chief Area Sales Manager, Chandigarh on 5.3.2011, he was informed on 15.4.2011 that the supply has not been suspended but transferred to the opposite party No.3. The complainant approached the opposite party No.3 on 29.4.2011, Mr.Sidarth Kumar Manager gave in writing to him that the supply was suspended. The complainant approached the opposite parties for the restoration of the gas connection but no heed was paid to his requests by them. The wife of the complainant Pushpa Rani used to use wood as fuel for her hearth which did not suit her and she became Asthmatic patient and the complainant had to spent Rs.2 lacs on her treatment from the various Vaids and doctors, due to the non supply of the LPG by the opposite parties. The complainant is separate from his father and brothers. The complainant wrote the letter dated 16.7.2012 to the opposite parties, sent legal notice dated 24.8.2012 and also made visits to the opposite parties but nothing have been done till date. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to resume the supply of the LPG to him and produce the entire case file and record regarding the gas supply and suspension or transfer of the gas connection alongwith the relevant circulars letters of the Government of India alongwith cost and compensation.
2. Notice was sent to the opposite parties. The opposite party Nos.1 and 2 after appearing before this Forum have filed their joint written statement and pleaded that there is no privity of the contract between the complainant and the opposite party Nos.1 and 2. The entire transaction was done between the distributor i.e. the opposite party No.4 and the Corporation, the distributor shall act and shall always be deemed to have acted as principal and not as an agent. The opposite party Nos.1 and 2 have referred the precedent laid down by the Hon'ble State Consumer Dispute Redressal Commission, Punjab in First Appeal No.1212 of 2011 case titled M/s Barnala Gas Service Vs.Tarsem Chand and others, decided on 31.8.2012, and the precedent laid down by the Hon'ble National Commission in case titled Indian Oil Corporation Limited Vs. Shri Hansmukhbhai M.Patel, First Appeal No.527 of 2006, decided on 13.8.2012. The opposite party Nos.1 and 2 further pleaded that the said LPG connection was not suspended due to the transfer of the gas connection to the opposite party No.3 but on the account of the detection of the multiple gas connection at the same address i.e. Janta Colony, near Vishwash Mandir, Rampura Phul. As per the record available with the opposite party No.4, it was observed that three gas connections were already running at the same address:-
(a) Connection No.2601-Sh.Sham Lal S/o Hans Raj
(b) Connection No.21311-Sh.Jai Pal S/o Sh.Sham Lal
(c) Connection No.25527-Sh.Sandeep S/o Sh.Sham Lal.
The opposite party No.4 i.e. the distributor vide its letter Ref: PGS/MUL/CON dated 7.10.2010 communicated to the complainant and Sh.Sham Lal to clarify his position within 15 days from the date of the receipt of the letter but the complainant has failed to provide any clarification till date. The complainant has filed an application under RTI Act, 2005 and sought the information that the suspension of LPG connection M/s Paramveer gas service, Indane distributor of Bathinda for illegal suspension of his domestic LPG card No.P21311 on 29.10.2010 at Rampura Phul. The registered letters dated 1.2.2011 and 15.2.2011 was sent to the Chief Area Sales Manager IOC Ltd. (MD), Chandigarh. The complainant in those letters asked that why M/s Paramveer Gas Service has suspended his supplies of LPG, the same was replied vide Ref.No.PSO/LPG/RTI dated 15.4.2011. It has been written in the reply that the consumer No.P-21311 in the name of Sh.Jai Pal has not been suspended by M/s Paramveer Gas Service. As the new distributor M/s Ajit Indane, Rampura Phul has been commissioned at Rampura Phul and the gas connection No.P-21311 has been transferred to M/s Ajit Indane, Rampura Phul by M/s Paramveer Gas Service. He can contract the new distributorship M/s Ajit Indane, Rampura Phul to activate his LPG connection after submitting his identity/Address proof. The complainant was not satisfied with the reply and preferred an Appeal. The Appellate Authority disposed of the appeal No.15/2011 vide its order dated 6.6.2011, wherein the Ld. Appellate Authority has advised the complainant to reply to the letter ref. PGS/MUL/CON dated 7.10.10 and clarify his position. The complainant has failed to provide any clarification till date. The complainant had never approached the Chief Area Sale Manager, Chandigarh. During the physical verification carried out by the opposite party No.3 at the residence of the complainant on 4.9.2012, it was observed that there are two kitchens at his address and two connections vide connection Nos.2601 and 25527 were already running and there is no third kitchen in the house. The gas connection of the complainant was transferred to the opposite party No.3, it has not been suspended.
3. The opposite party No.3 after appearing before this Forum has filed its separate written statement and pleaded that previously the complainant was getting the gas supply from the opposite party No.4 who has transferred it to the opposite party No.3. The opposite party No.4 has no concern with the same. The supply of the gas connection was suspended on 29.10.2010 as there were three gas connections in the same house/address. One is in the name of Sham Lal, the second is in the name of Sandeep Kumar and third is in the name of the complainant. Sandeep and the complainant are sons of Sham Lal and are joint in mess and residence of the same house in Ward No.15, Janta Colony, near Viswash Mandir, Rampura Phul. The complainant has himself produced the ration card bearing registration No.780 which shows that both sons and father i.e. Sham Lal, Jai Pal and Sanjeep Kumar are one family and they were getting the regular supply of the gas by concealing the true facts. They never gave affidavit to the opposite party No.3 for getting the single supply as per the rules of the Government of India. The opposite party No.3 verified the facts by appointing its mechanic Om Parkash, he visited the residence of the complainant on 4.9.2012. At the time of the inspection the complainant only showed two connection bearing Nos.21311 and 2601 but concealed the third connection bearing No.25527 in the name of Sandeep. The report was also made by Surinder Kansal Asstt.Manager that three gas connections have been obtained by the complainant in the same house. The father of the complainant filed the false affidavit that his sons are residing separately from him. There is only one kitchen in the house. As per the instructions of the Company where there is one kitchen, only one gas connection could be provided. After verifying the facts that the illegal gas connections were going on, the supply of two illegal gas connections was suspended as per the notification of the year 2009. The complainant was asked to furnish the proof vide letter dated 7.10.2010, or to surrender two gas connections of his own, but he has failed to satisfy the opposite parties. All the three gas connections were transferred only on the account of the fact of coming up of the new distributorship. Sham Lal had also filed a written complaint to Sh.A.Kartik IAS learned SDM, Rampura Phul on 11.2.2010 to resume the supply, but after thorough verification, the said complaint was filed with the remarks that one household having a single kitchen should not possess more than one gas connection in that unit. The opposite party No.3 further pleaded that the true facts are that the complainant is black marketing the domestic gas cylinders in the market. Around 3150 gas connections have already been suspended by the gas agency after verification. The instructions were issued by AM (LPG-S), Bathinda Zone in this regard.
4. The opposite party No.4 after appearing before this Forum has filed its separate written statement and pleaded that it has unnecessarily been impleaded. Since as per the averments of the complaint the complainant has himself is aware that the supply has been transferred to the opposite party No.3 so there is no necessity to implead the opposite party No.4.
5. The parties have led their evidence in support of their respective pleadings.
6. Arguments heard. The record alongwith written submissions submitted by the parties perused.
7. The gas connection of the complainant was suspended by the opposite parties, prior to the suspension of the said gas connection it was transferred to the opposite party No.3 on the account of the verification held by the opposite party No.3. It was found that multiple gas connections were running at the same address i.e. Janta Colony, near Vishwash Mandir, Rampura Phul. As per the record available with the opposite party No.4, it was observed that three gas connections were already running at the same address:-
(a) Connection No.2601-Sh.Sham Lal S/o Hans Raj
(b) Connection No.21311-Sh.Jai Pal S/o Sh.Sham Lal
(c) Connection No.25527-Sh.Sandeep S/o Sh.Sham Lal.
The opposite party No.4 i.e. the distributor vide its letter Ref:PGS/MUL/CON dated 7.10.2010 communicated to the complainant and asked Sh.Sham Lal to clarify his position within 15 days from the date of the receipt of the letter but the complainant has failed to provide any clarification till date. During the physical verification carried out by the opposite party No.3 at the residence of the complainant on 4.9.2012, it was observed that there are two kitchens at his address and two connections vide connection bearing Nos.2601 and 25527 were already running and there is no third kitchen in the house.
8. The complainant submitted that his gas connection bearing No.P-21311 was suspended on 29.10.2010 without assigning any reason. The complainant approached the Chief Area Sales Manager, Chandigarh on 5.3.2011, he was informed on 15.4.2011 that the supply has not been suspended but transferred to the opposite party No.3 and his gas connection has been transferred to that agency. The complainant approached the opposite party No.3 on 29.4.2011, Mr.Sidarth Kumar Manager gave in writing to him that the supply was suspended. The complainant has specifically submitted that he is separate from his father and brothers and was holding the said gas connection for his family only. The wife of the complainant Pushpa Rani has to use the wood as fuel for her hearth which made her Asthma patient and the complainant had to spent Rs.2 lacs on her treatment.
9. The supply of the gas connection of the complainant was suspended on 29.10.2010 and there were three gas connections at the same house/address, one is in the name of Sham Lal, the second is in the name of Sandeep Kumar and third one is in the name of the complainant. Sandeep and the complainant Jaipal are sons of Sham Lal and are joint in mess and residents of the same house in Ward No.15, Janta Colony, near Viswash Mandir, Rampura Phul. The complainant has himself produced the ration card bearing registration No.780 which shows that both sons and father i.e. Sham Lal, Jai Pal and Sandeep Kumar are one family. The complainant alongwith two other gas connection holders are at default as they have concealed the true facts and have never given affidavit to the opposite party No.3 for getting the single supply as per the rules of the Government of India. The opposite party No.3 appointed its mechanic Om Parkash, he visited in the residence of the complainant on 4.9.2012. At the time of the inspection, he showed only two gas connections bearing Nos.21311 and 2601 but concealed the third connection No.25527 in the name of Sandeep Kumar. The report was submitted by Surinder Kansal Asstt.Manager that three connections have been obtained by the complainant in the same house. The father of the complainant filed the false affidavit that his sons are residing separately from him. There is only one kitchen in the house whereas as per the instructions of the Company where there is one kitchen, only one gas connection could be provided. After verifying all these facts, the supply of two illegal gas connections was suspended as per the notification of the year 2009. The complainant was also asked to furnish proof vide letter dated 7.10.2010, or to surrender two gas connections of his own, but he has failed either to surrender to the connection or to give any proof as asked by the opposite parties. All the three gas connections were transferred only on the account of the fact of coming up of the new distributorship.
10. The complainant has placed on file Ex.C3 photocopy of ration card which shows the family is of two members, containing the names of Jai Pal and his wife Pushpa Rani and the said ration card was issued on 1.8.2010. The complainant has sought the information under RTI 'Act' vide Ex.C7, the query was regarding the suspension of the LPG connection and the reply was given as under:
“Reply: Your consumer No.P-21311 in the name of Sh.Jai Pal has not been suspended by M/s Paramveer Gas Service. As the new distributor M/s Ajit Indane, Rampura Phul has been commissioned at Rampura Phul, your consumer No.P-21311 has been transferred to M/s Ajit Indane, Rampura Phul by M/s Paramveer Gas Service. You may contract the new distributorship M/s Ajit Indane, Rampura Phul to activate your LPG connection after submitting your Identity/Address proof.”
The complainant has also placed on file Ex.C10 photocopy of ration card which shows the family of three members, containing the names of Sham Lal and his wife Lakshmi Devi and daughter Seema Rani and the name of Seema Rani struck off. The complainant has also placed on file Ex.C11 photocopy of ration card which shows the family of 4 members, containing the names of Sandeep Kumar, his wife Veena Rani and two sons and has placed on file the photographs Ex.C12 to Ex.C13 showing the different kitchens. A perusal of these ration cards shows that the address of Jaipal, the complainant is Ward-15, Vishwas Mander Wali Gali 3642434, Ex.C10 the photocopy of ration card bears the address of Ward No.15, Vishwas Mander Wali Gali, Rampura Phul and the third ration card Ex.C11 bears the address of Ward No.15/58. Sham Lal, the father of the complainant was given the affidavit Ex.C16 to the effect that his son is having separate ration card for himself and his wife Pushpa Rani and has
separate kitchen from him and is having separate ration card No.3643/435 and having separate mess and they are residing separately since last 3 years or more and his elder son Sandeep Kumar also resides in the separate house, in separate Mohalla. Sh.Kamlesh Kumar, Municipal Councilor, Ward No.15, Janta Colony, Gali Vishwas Mandir Wali, Rampura Phul has also given the affidavit Ex.C17 to the effect that he personally knows Jaipal S/o Sham Lal as well as Sham Lal and his other son Sandeep Kumar, all three are separate in residence and having separate mess for more than 3 years. In para Nos.3 and 4 he has deposed that he is M.C and lives near to the house of Sham Lal and the complainant Jaipal which is situated at the distance of 5-7 houses from their house, the other brother of Jaipal, Sandeep Kumar is living separate alongwith his wife in Mohalla, Guru Nanakpura, Gali Murari Lal MC Wali, Ward No.15, Rampura.
On the report of the mechanic the Area Sales Manager disconnected the gas connection of the complainant but the report is not supported with the affidavit of Om Parkash, the mechanic hence cannot be relied upon.
11. Thus from the facts, circumstances and evidence placed on file it is proved that Jai Pal, the complainant is having his separate dwelling and his own kitchen and ration card and accordingly was holding separate gas connection which has been disconnected by the opposite party Nos.2 and 3. thus there is deficiency in service on the part of the opposite party Nos.2 and 3. Hence this complaint is accepted with Rs.3000/- as cost and compensation against the opposite party Nos.2 and 3 and dismissed qua the opposite party Nos.1 and 4 and the opposite party Nos.2 and 3 are directed to restore the supply of the complainant.
12. The compliance of this order be done within 30 days from the date of receipt of the copy of this order.
13. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record.
Pronounced
26-04-2013
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
