BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 30/09/2011

Date of Order : 31/10/2012

Present :-

Shri. A. Rajesh, President.

Smt. C.K. Lekhamma, Member.

C.C. No. 522/2011

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :-

The complainant is a domestic category consumer of cooking gas under the 2^nd opposite party. His consumer No. is M 4215. Two LPG cylinders were allotted to him. Normally, one cylinder lasts for 20-24 days for consumption for the complainant. On 02-09-2011, one cylinder was delivered to the complainant by the 2^nd opposite party after 3 days, no cylinder has been supplied to him so far. In the mean time, the existing cylinder was exhausted on 25-09-2011. Thereafter, the complainant has been compelled to depend on other methods for cooking. The opposite parties are duty bound to supply the 2^nd cylinder immediately on getting the booking for the cylinder. The purposeful omission on the part of the 2^nd opposite party to supply the 2^nd cylinder has caused great hardships and mental agony to the complainant and his family. It is also relevant to note that no period is prescribed for delivering the 2^nd cylinder. The omission on the part of the opposite parties to deliver the 2^nd cylinder even after 20 days on booking amounts to deficiency in service. The complainant is entitled to get the delivery of the cylinder immediately. He is also entitled to get Rs. 10,000/- towards compensation for the mental agony and hardships suffered by him due to the non-supply of gas cylinder in time together with costs of the proceedings. This complaint hence.

2. The version of the 1^st opposite party is as follows ::-

The 1^st opposite party has no direct relationship with the customers of cooking gas. The 2^nd opposite party is the distributor of the 1^st opposite party. Normally, booked cylinders are delivered within one month of booking. The 2^nd opposite party presumes that in normal case, on an average a cylinder lasts for more than 30 days. To overcome any inconvenience to customers a 2^nd cylinder is also supplied. The supply of cylinder is made on the basis of the preference in booking, availability of cylinders with the agency etc. As per the records, the cylinder was booked by the complainant on 08-09-2011 and the cylinder was delivered to him on 01-10-2011. As the cylinder has been delivered on 01-10-2011, this complaint has become infractous and is liable to be dismissed.

3. The defense of the 2^nd opposite party is as under :-

The complaint filed by a purported authorised agent of the complainant without pleading the details or particulars of the athorisation for the complainant is not maintainable. Against the booking made on 08-09-2011 for refill cylinder, the 2^nd opposite party delivered a cylinder to the complainant on 01-10-2011. There is no stipulation in law or in contract that refill cylinder has to be supplied immediately within 20 days or within a stipulated time limit. The supply is actually based on availability and as per supply made by the 1^st opposite party. The delay in delivery has been caused due to the shut down of the bottling plant of the 1^st opposite party. The complainant has no cause of action against the 2^nd opposite party and that the complaint is liable to be dismissed.

4. The authorised representative of the complainant was examined as PW1. Ext. A1 was marked on the side of the complainant. Neither oral nor documentary evidence was adduced by the 1^st opposite party. The 2^nd opposite party was examined as DW1 and Ext. B1 was marked on their side. Exts. X1 and X2 also were marked. Heard the learned counsel for the parties.

5. The points that emanated for consideration are as follows :-

1. Whether the complainant is entitled to get refill cylinder immediately after the booking?

2. Whether the opposite parties are liable to pay a compensation of Rs. 10,000/- to the complainant?

6. Point No. i. :- According to the complainant, he received a refilled gas cylinder on 02-09-2011, when both his cylinders were empty. He maintains that after 3 days, he made the necessary booking with the 2^nd opposite party to get the other cylinder refilled. It is stated that the former cylinder became empty on 24-09-2011 and was booked for refilling of the same, however, thereafter the opposite parties failed to deliver a refill cylinder in spite of repeated requests.

7. The 1^st opposite party contended that during Onam season there was scarcity of gas cylinders, however, they managed to deliver a cylinder within 20 days from the date of booking and thus no loss has been sustained to the complainant. The 2^nd opposite party submitted that usually they receive refill cylinder from the plant of the 1^st opposite party at Thalayolaparambu. According to them, during Onam season due to shortage of gas cylinders they obtained refill cylinders form Cochin Refinery and supplied the same to its customers. They claim that there was no deficiency in service on their part.

8. At the instance of the complainant, vide order dated 23-02-2012 in I.A. No. 67/2012 this Forum directed the 1^st opposite party to produce the entire guidelines with respect to the distribution of cooking gas including the document showing the period fixed for supply of booked cylinders. The 1^st opposite party produced the standard agreement copy of customers with the 1^st opposite party and the copy of web page of the customer care of the 1^st opposite party which were marked as Exts. X1 and X2. Indisputably, the rule governing supply and distribution of gas cylinder is Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000. In the said order, neither the dead line for the delivery of refill cylinder from the date of booking nor the scheduled supply of the same been stated. In the order, which goes to show that a customer is entitled to get his empty cylinder replaced with a full one immediately. In view of that unilateral fixing of time limit of 20 days or 30 days as the case may be in delivery of refill gas cylinder is unjusticiable and amounts to deficiency in service, especially when in Ext. X2 the official web site of the 1^st opposite party states as follows :-

“Endeavour to home deliver safe and sound refill cylinders within 48 hours of booking.”

Where as here they have miserably failed therein.

9. This is not a matter pertaining to a single individual alone, but is of much larger consequences. Now a days, LPG is a public utility service. We cannot imagine a moment without LPG for domestic purposes. Commercial consumer can make good their losses by way of hiking the prices of goods sold by them prepared by using LPG bought at a higher price or even in the black market is not affordable by a domestic consumer. It is high time that the authority gave this fact a very serious and considerable attention to avoid such unpleasantness in society in the domestic consumers as a whole.

10. Point No. ii. :- The 2^nd opposite party who was examined as DW1 in his proof affidavit stated that the complainant booked a cylinder on 08-09-2011, but the same does not find a place in Ext. B1 the list of booking. According to the 2^nd opposite party, it was due to the failure of the system, not substantiated. Such an excuse, if allowed would only enhance the practice. For reasons stated above, the complainant is entitled to get a compensation of Rs. 5,000/- from the 2^nd opposite party not to mention which includes the costs of the proceedings.

11. In the result, we partly allow the complaint and direct as follows :-

1. The opposite parties shall jointly and severally deliver refill gas cylinders to the complainant as stated in Ext. X2.

2. The 2^nd opposite party shall pay a sum of Rs. 5,000/- to the complainant towards compensation and costs of the proceedings.

The first limb of the order shall be complied with in line with the above directions and the second limb of the order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amount shall carry interest at the rate of 12% p.a. till realisation.

Pronounced in the open Forum on this the 31^st day of October 2012.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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