State Consumer Disputes Redressal Commission
The Assistant Manager,(Lpg-S), Ioc, ... vs Shri Paresh Chandra Modak, S/O Late ... on 5 September, 2012
STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
TRIPURA
Appeal No.F.A-04/2012
The
Assistant Manager,(LPG-S), IOC,
Jagannath Apartment, Hospital,
Silchar, Assam-788 005.
The
Senior Manager, IOC, LPG,
Dr. B.K.Kakati
Road,
Guwahati, Assam-781 007.
The
MGR (LPG S), NEISO, IOC,
Bamunimaidan, Guwahati,
Assam-781
021.
All are
represented by Area Manager IOC Ltd.
Jagannath Apartment, Hospital Road,
Silchar, Assam.
M/S
Tripureswari Gas Agency,
DNV Road, Dharmanagar,
North
Tripura District.
. .
. . Appellants.
Vs
Shri Paresh
Chandra Modak,
S/O Late Girish Chandra Modak,
Resident of
Reba Niloy, BM Sarani,
Jail Road, Dharmanagar, P.O-Dharmanagar,
North
Tripura District.
. .
. . Respondent.
PRESENT :
MR.B.K.SHARMA,IAS (Retd),
MEMBER,
STATE
COMMISSION.
MRS.D.BAIDYA KHASNABISH
MEMBER
STATE
COMMISSION.
For the Appellants : Mr.A.Lodh,Adv.
For the Respondent : Shri Paresh Chandra Modak, respondent
in person.
Date of Hearing : 30-06-2012.
Date
of delivery of Judgment : 05-09-2012.
J U D G M E N T
Mr.B.K.Sharma,IAS (retd),Member This appeal arises out of the judgment and order passed by the Learned District Forum, North Tripura, Kailashahar in case No.C.C.-01 of 2011 on 08-02-2012
2. Shri Paresh Chandra Modak of Jail Road Dharmanagar, North Tripura a consumer of M/S Tripureswari Gas Agency, Dharmanagar filed a complaint in the District Forum, North Tripura alleging that M/S Tripureswari Gas Agency, Dharmanagar collected Rs.150/- only from the complainant for replacement of the defective regulator No. 241409 issued by the distributor to the complainant while under the terms and conditions printed on the back side of the SV Voucher, the distributor is to replace defective regulator free of any charge.
3. The complainant made a written complaint to the Manager, IOC, Guwahati and as a result on 11-02-2009 Mr.N.K.Dey, Assistant Manager, IOC, Silchar visited the residence of the complainant to inquire into the complaint lodged with the IOC, Guwahati office on 18-11-2008. Mr.Dey collected the defective regulator No. 241409 from the complainant on the assurance that he would return the same on the next day. Mr.Dey did not return the regulator as promised. In stead he wrote a letter to the complainant on 02-03-2009 alleging that the defective regulator produced before the distributor had not been provided by the distributor and hence the complaint made by the complainant to the Manager, IOC, Guwahati was baseless.
In the said letter Mr.N.K.Dey instructed the complainant Shri Modak to surrender the LPG connection in the name of the complainants wife Smt. Reba Basu and the distributor stopped booking and supply of LPG refill against consumer card of the complainant and his wife from April 2009 after issuing a letter to Smt. Reba Basu wife of Shri Paresh Chandra Modak on 07-04-2009. The complainant and his wife thereafter wrote to the Manager, IOC, Guwahati and other authorities along with reminders with no result. Hence he filed a complaint in the District Forum, North Tripura seeking an order for supply of LPG refill by M/S Tripureswari Gas Agency, Dharmanagar against the consumer card No-09048 of the complainant and the card No-08004 of his wife Smt. Reba Basu. He also prayed for a compensation of Rs.10,000/- from the distributor against the mental agony and financial loss caused by the distributor.
4. M/S Tripureswari Gas Agency, Dharmanagar, Asstt. Manager, IOC, Silchar, the Senior Manager,IOC, Guwahati contested the case by filing written objection denying the allegations. They admitted that the LPG refill against the petitioner and his wife had been stopped after issuing a letter to Smt. Reba Basu for surrendering her gas connection in compliance with the order dated 19-03-2009 issued by the Area Manager, IOC Ltd. under which the complainant was requested to surrender one of the two gas connections but he did not do so. They claimed that under the relevant rules two connections in the same family can not be maintained simultaneously.
5. The complainant examined himself as PW-1 while the O.Ps examined Shri Niranjit Singha proprietor of M/S Tripureswari Gas Agency,Dharmanagar, Shri Ajoy Debnath Manager, M/S Tripureswari Gas Agency and Shri S.K.Bhattacharjee, Sale officer (LPG) IOC, Agartala (by affidavit as the defense witnesses).
6. After considering the deposition of all the witnesses and going through the documentary evidences produced by the parties, the Learned District Forum, North Tripura allowed the prayer of the complainant and directed M/S Tripureswari Gas Agency, Dharmanagar to restore the two gas connections and to supply LPG refills against the consumer card of the petitioner and his wife with immediate effect.
7. Being aggrieved by the judgment and order of the Learned District Forum the IOC offices and M/S Tripureswari Gas Agency have filed the instant appeal in the State Commission for setting aside the impugned judgment dated 08-02-2012 passed by the Learned District Forum, North Tripura and passing such other order as the State Commission may deem fit and proper.
8. We have gone through the records carefully and heard the arguments put forward by both the sides.
9. It is observed that the respondent-complainant Shri Paresh Chandra Modak and his wife Smt. Reba Basu are consumer of M/S Tripureswari Gas Agency, Dharmanagar. The gas connection in the name of Shri Paresh Chandra Modak was given on 22-07-1999 under the consumer No-09408 by Joyram Gas Agency, Dharmanagar which was later transferred to M/S Tripureswari Gas Agency, Dharmanagar the appellant No.1 in the instant appeal. The gas connection in the name of Smt. Reba Basu the wife of Shri Paresh Chandra Modak was issued on 29-09-2008 under consumer No-8004 by M/S Tripureswari Gas Agency, Dharmanagar. Refill gas cylinders had been regularly issued to both the consumers namely Shri Paresh Chandra Modak and Smt. Reba Basu until the stoppage of supplies of refill cylinder to them since April 2009.
10. The disputes started when Shri Prithwiraj Modak S/O Shri Paresh Chandra Modak approached M/S Tripureswari Gas Agency for replacement of a pressure regulator issued in the name of Shri Paresh Chandra Modak. M/S Tripureswari Gas Agency alleging that the pressure regulator had not been issued by them as they could not clearly match the sl. number and the name of the manufacturer from the said pressure regulator. An exchange of words followed and at last the gas agency issued a new pressure regulator collecting Rs.150/- from Shri Prithwiraj Modak. Being aggrieved Shri Paresh Chandra Modak filed the complaint with the IOC, Silchar alleging that M/S Tripureswari Gas Agency collected Rs.150/- from him in violation of the contract.
11. One Mr.N.K.Dey, Asstt. Manager, IOC, Silchar visited the residence of Shri Paresh Chandra Modak on 11-02-2009 for inquiry into the complaint. In the course of inquiry he collected the defective regulator No-A 241409 from Shri Modak on assurance of returning the same on the next day but he did not keep his promise. In stead, he wrote a letter on 02-03-2009 to Shri Paresh Chandra Modak stating that the pressure regulator No-A241409 had been found to be working without any irregularity and alleging that the son of Shri Paresh Chandra Modak might have produced another pressure regulator for replacement. However, he requested Shri Modak to return the new pressure regulator to the distributor and collect the amount paid for the same on receipt of the old pressure regulator No-241409 from the distributor. He did not mention anything about the alleged misbehavior on the part of the distributor M/S Tripureswari Gas Agency.
12. Shri N.K.Dey added in his letter to Shri Modak that during his inquiry he had found that Shri Paresh Chandra Modak had another LPG connection in the name of his wife Smt. Reba Basu under consumer No-8004 with double cylinder. He claimed that under the guide line of the Ministry of Petroleum and Natural Gas a husband and wife living under one roof can posses only one LPG connection and therefore he requested Shri Modak to surrender one of the connection at the earliest possible.
13. Shri N.K.Dey sent a copy of the said letter to M/S Tripureswari Gas Agency with advice to contact Shri Paresh Chandra Modak for termination of one of the connections as mentioned in his letter and, if necessary, to take assistance of the local administration.
14. Shri Niranjit Sinha proprietor of Tripureswari Gas Agency wrote to Shri Paresh Chandra Modak on 07-03-2009 for surrendering the multiple connections in the name of Smti Reba Basu (consumer No-08004) and for returning the new pressure regulator No-EPAL A 60073 issued to Shri Modak. This letter was followed by another letter from Shri Niranjit Sinha to Smt. Basu to surrender her gas connection between 01-04-2009 to 16-04-2009 at the show room of M/S Tripureswari Gas Agency on any working day between 10-00 a.m. to 5-00 p..m. adding that proper action from IOC would be taken against her failure.
15. Shri Niranjit Sinha wrote another letter to Smt. Reba Basu on 07-04-2009 in reply to a letter from her informing her that since her consumer No-08004 had been lying out of booking order, the question of booking date and serial number against her card did not arise. He reminded Smt. Basu that the Asstt. Manager (LPG-S) and himself had already requested Smt Basus husband to return the new regulator issued against recovery of cost. He added that as per latest guide line received from Area Manager, IOC Ltd. the failure in surrendering the multiple connection within the stipulated period would cause suspension of all gas connections at the same address. But from the letter of IOC Ltd. dated 02-03-2009 it is clear that the IOC had advised M/S Tripureswari Gas Agency to contact to Shri Paresh Chandra Modak for termination of one of the gas connections and to take assistance of local administration if necessary. Thus, Shri Niranjit Sinha proprietor of Tripureswari Gas Agency went to beyond this advice by disconnecting both the gas connections at the residence of Shri Paresh Chandra Modak causing an insurmountable problems for the family. This smells of vindictiveness on the part of the Distributor against Shri Paresh Chandra Modak and his family. This action is, therefore, a serious deficiency in service on the part of the appellants.
16. To prove their case the IOC produced copies of LPG (Regulation of supply and Distribution) order 2000 issued by the Ministry of Petroleum and Natural gas on 26th April 2000 and a copy of the LPG (Regulation of Supply and Distribution) amendment order 2009 issued by the same ministry on 10-09-2009.
17. From the first order dated 26-04-2000 it is seen that a person having a connection for LPG under the PDS shall not process more than one connection of LPG granted under the PDS. However, Central Govt. or the Chief Executive officer of a govt oil company may sanction more than one connection of LPG under the PDS in favour of any person keeping in view the difficulties and hardship experienced by such person in obtaining supplies of the LPG.
18. The amendment to the LPG (Regulation of Supply and Distribution) order 2009 provides amendment to Clause 3 as follows :-
For the word person wherever it occurs the word household shall be substituted Thus the amendment has only a prospective effect and not a retrospective one.
19. As Shri Paresh Chandra Modak obtained the gas connection in his own name on 22-07-1999 under the consumer No-09408 and his wife obtained the same in her name on 29-09-2008 under the consumer No-8004 prior to the amendment to the LPG (Regulation of Supply and Distribution) order 2000 modified prospectively taking effect from its date of publication in a official gazette i.e. from 10-09-2009. This amendment does not affect the status of their gas connections in any way.
20. The learned counsel representing the appellants in the instant appeal during argument referred to WP (MD) No-2259 of 2008 and MP(MD) No-1 of 2008 filed before the Madurai Bench of the Madras High Court. These cases were heard by a Single Judge Bench of the Honble Madras High Court and opined that the husband and the wife can not have one connection each while they are living under one roof. On the basis of this judgment the learned counsel prayed for setting aside the judgment and order passed by the Learned District Forum, North Tripura, in case No-C.C.-01 of 2011 on 08-02-2012.
21. While making counter-arguments the respondent Shri Paresh Chandra Modak submitted a copy of the judgment passed by the Division Bench of the Madurai Bench of Madras High Court on 07-10-2009 in writ appeal (MD) No-472 of 2009 by which the judgment passed by the same High Court on 11-11-2008 in WP(MP) No-2259 of 2008 was reversed. The Honble Division Bench observed that we do not find any provision of law as has been stated by the Learned Single Judge to support the case of the respondent herein as regards the LPG connection that a consumer would mean a family and that it will have only one connection. In the absence of any specific provision of law pointed out by the respondent as governing the field we have no hesitation in setting aside the order of the Learned Single Judge and accordingly, it is set aside.
22. Thus on the basis of the discussions made in the foregoing paragraphs we do not find any ground for differing with the judgment passed by the Learned District Forum, North Tripura, Kailashahar on 08-02-2012 and hence the same is upheld. However, we are of the opinion of modifying the award granted under the order in the said judgment.
23. The family of Shri Paresh Chandra Modak terribly suffered because of the disconnection of both the gas connections by M/S Tripureswari Gas Agency w.e.f. April 2009 and the sufferings continue till today. The complainant-respondent has already suffered from terrible inconveniences and financial loss for nearly 40 months. Therefore, we consider compensation at least @ 500/- a month should be paid to them by the appellants. More over the family is being harassed and humiliated since April 2009. Therefore, the appellants should also pay an amount of Rs. 20,000/- in addition to Shri Paresh Chandra Modak for the mental agony and continued harassment inflicted upon him and his family by the deficiency of service on the part of the IOC and their distributor M/S Tripureswari Gas Agency.
24. Therefore, it is ordered that the appellants shall restore both of the Gas Connections in the name of Shri Paresh Chandra Modak and Smt. Reba Basu with regular supply of refil gas cylinders within 7(seven) days of this order and shall pay jointly and severally a compensation of Rs.20,000/- to the respondent Shri Paresh Chandra Modak for the inconveniences caused to his family by the appellants, by arbitrarily disconnecting both of the gas connections. The appellants shall also pay jointly and severally a further amount of Rs.20,000/- to Shri Paresh Chandra Modak for the prolonged mental agony and harassment suffered by his family because of the deficient service and vindictive attitude on the part of the appellants. The appellants shall also pay a sum of Rs.10,000/- as cost to be deposited into the Legal Aid Account of this Commission. All the aforesaid payments shall be made by the appellants within a period of 45 days from today. In case of failure in making the payment by the appellants within stipulated period, all these amounts (Rs.20,000/- + Rs.20,000/- + Rs.10,000/- = Rs.50,000/-) shall carry a penal interest @ 12% p.a. in addition to other consequences of disobeying this Commissions order as laid down under the C.P.Act 1986.
25. The appeal is thus dismissed upholding the judgment passed by the Ld. District Forum, North Tripura with modification of the award granted by the learned District Forum.
Member Member State Commission State Commission Tripura Tripura.