IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday, the 30^th day of December, 2014.

Filed on 19..07..2011.

Present

1)         Smt. Elizabeth George (President)

2)         Sri. Antony Xavier (Member)

3)         Smt. Jasmine D (Member)                          in

         CC/No.252/2011

               Between

Complainant:                                                                           Opposite parties:

Sri.Udayappan                                                                        1.         Manager         

Kurukkanparambil                                                                  Thiruvonam Indane Service

Chethy P.O.                                                                            Mararikkulam North P.O.

Mararikkulam                                                                          Alappuzha.                                                     

2.         General Manager

Indane Oil Corporation

Kochi Division.

O  R  D  E  R

SMT.ELIZABETH GEORGE (PRESIDENT)

This is a remanded matter.  The case was once heard and the President of the then Forum passed the order on 30.11.2011 allowing the complaint.   Since there was no detailed order, Hon’ble State Commission suo motto taken up the matter and remanded the case for hearing for the purpose of passing a speaking order.  After remanded, notices were issued to both parties for hearing the matter. Complainant has filed this complaint before the Forum on 19.07.2011 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:-

2. The complainant applied for a gas connection for his domestic use to the opposite parties on April 2011.  The 1^st opposite party sent a letter to the complainant on 03.05.2011 allowing the gas connection.  Thereafter the complainant along with his wife went to the opposite parties’ office at Mararikkulam with required documents.  But, the opposite parties insisted the complainant to purchase a stand, rubber tube, lighter. Knife, etc. for getting the gas connection.  The 1^st opposite party affixed the seal on the ration card of the complainant allowing the gas connection.  But, they denied to provide the gas connection since the complainant refused to purchase the accessories as demanded by the opposite party.  The denial on the part of the opposite parties in providing the gas connection to the complainant amounts to deficiency in service on the part of the opposite parties.  Hence the complaint is filed for directing the opposite parties to provide gas connection along with compensation.

3.  Notices issued against the opposite parties 1 & 2 were served.     Opposite parties did not filed vakalath or version and hence they were set ex parte. 

4. The complainant’s wife, the power of attorney holder filed proof affidavit in lieu of chief examination along with 3 documents and the documents produced were marked as Exts.A1 to A3.  Even though the complainant was allowed to get gas connection from the opposite parties, they denied to provide the gas connection since he refused to purchase the accessories demanded by the opposite parties.  Ext.A1 is the copy of ration card which shows that the 1^st opposite party affixed the seal as Consumer No.4507.  The complainant was ready to take the gas connection.  Ext.A2 is the registered letter sent by the 1^st opposite party to the complainant requesting to avail gas connection within 60 days.  According to the complainant he went to the office with all documents required.  But he was asked to take back the accessories such as stand, rubber tube, lighter, Knife, etc.  The complainant refused to purchase it. The Ext.A2 letter shows that in order to avail the gas connection, the complainant has to produce the booking slip, intimation letter and photo identity card.  He was not asked to purchase the accessories from the agency itself in order to obtain the gas connection.  Moreover, the letter dtd. 28.08.2013 issued by the Public Information Officer regarding the question “during the time of giving new connection the gas agencies are demanding to take the lighter amounting more than Rs.1000/- and which is having no quality of stand, knife, etc., is it sanctioned by law? - answered that it is not mandatory to purchase the lighter, stand, knife, etc. from the gas agency.”  Hence the opposite parties have no right to deny gas connection to the complainant.  The reason that the accessories are not purchased for anybody.  The denial on the part of the opposite parties amounts to deficiency in service.  The proof affidavit filed by the complainant has not been challenged by the opposite parties. 

In the result the complainant is allowed.  The opposite parties are directed to provide gas connection to the complainant within 2 weeks after the receipt of this order without demanding the complainant to purchase any accessories.  The opposite parties are directed to pay an amount of Rs.2500/- (Rupees two thousand and five hundred only) to the complainant as compensation and the opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) to the complainant towards cost of the proceedings.

                Pronounced in the Open Forum in this the 13^th day of November, 2014.

Sd/-  Smt. Elizabeth George (President)

Sd/-  Sri. Antony Xavier (Member)

Sd/-  Smt. Jasmine.D (Member)

Appendix:

Evidence of the complainant:

Ext. A1      -   Copy of ration card of complainant bearing  Consumer No.4507. 

Ext.A2       -   Registered letter sent by the 1^st opposite party to the complainant. 

Ext.A3       -   Copy of letter sent by complainant to 1^st Opposite Party. 

Evidence of the opposite parties:  Nil

-//True Copy//-

By Order,

To                                                                                                                

Senior Superintendent.

             Complainant/Opposite parties /SF

Typed by: Pg/-

Compd by : Pr/-