State Consumer Disputes Redressal Commission
Shivanand Gas Agencies vs 1. Chandrakant S/O. Madhavrao Subhedar on 14 February, 2011
F.A.No.:1513-06
1
STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
MUMBAI, CIRCUIT BENCH AT AURANGABAD.
Date of filing: 10.08.2006
Date of Order: 14.02.2011
FIRST APPEAL NO. 1513 OF 2006
IN COMPLAINT CASE NO. 150 OF 2005
DISTRICT CONSUMER FORUM: LATUR.
Shivanand Gas Agencies
Prop. Shivanand Kallappa Birajdar
R/o. Bank Colony,
Opposite Grain Market,
Nilanga, Tq. Nilanga,
Dist. Latur. ... Appellant
//VERSUS//
1. Chandrakant S/o. Madhavrao Subhedar
R/o. Juni Peth, Nilanga,
Tq. Nilanga, Dist. Latur.
2. S.H.V. Energy North-West India Pvt. Ltd.,
201, 2nd Floor Avdesh House,
Opposite Gurudwara,Thaltej Croos Road,
Ahemadabad, Gujrat State.
3. Manager,
S.H.V. Energy Nort-West-India Pvt. Ltd.,
Pune Refilling Plant, S.R. No. 739-1/2, Charoli (BK)
2 Near Nirma Godwon, Pune-Alandi Road, Pune.
4. S.H.V. Energy North-West-India Pvt. Ltd.,
Registered Office Super Gas House
S.D.E. Seeren Chambers,
8-2-334 Road No.7,
Banjara Hill, Hyderabad-500 034.
F.A.No.:1513-06
2
5. Sow. Anuradha Ashok Paturkar
Burud Galli, Hingoli,
Tq. & Dist. Hingoli. ...Respondents
... Respondent
Coram : Shri.S.G.Deshmukh, Hon`ble Presiding Judicial Member.
Mrs. Uma S.Bora, Hon`ble Member.
Shri. K. B. Gawali, Hon'ble Member.
Present: Adv. Shri. R. H. Jobanputra, for appellant.
Adv. Shri. S.S. Chillarge for Respondent No. 2 to 4.
:: ORAL ORDER ::
Per Shri S.G.Deshmukh, Hon`ble Presiding Judicial Member
1. The present appeal is filed by the original opponent no.1 against the Judgment and Order dated 25.07.2006 in complaint case No. 150/2005 passed by District Consumer Forum, Latur.
2. The respondent no.1/complainants case before the Forum is that, he had taken Gas connection from the appellant on 08.12.1995.
He had paid Rs. 2700/- to the appellant, accordingly appellant had issued receipt. The complainant was told that Rs. 1275/- is towards cylinder deposit and Rs. 150/- is towards regulator deposit. It is also alleged that he was told by appellant that he will be entitled to get back the deposits of regulator and cylinder amounting to Rs. 1425/- when he will close his gas connection. It is alleged that the gas connection was given by the appellant to him. Accordingly he has charged Rs. 240/- for service charges. It is also contended that the F.A.No.:1513-06 3 consumer certificate was issued to him. It is alleged that the complainant was a consumer of appellant from 1995 to March-2005. It is alleged that the complainant demanded the gas cylinder thereafter but the same was not supplied. On 22.01.2005 the appellant told the complainant that he has closed gas agency. He also asked him that he has to return the regulator and gas cylinder to respondent no.5 and is to obtain his deposit from him. He was also told that the appellant has returned the deposit money to the customer but the company has not reimbursed the said amount to him and thus he had published in the paper that he is closing his gas agency and also asked the consumers to deposit regulator and cylinder with him before the stipulated date. It is alleged that the complainant did not return the cylinder and regulator before the date. Thus he is not liable to make the payment of deposit and thus complainant approached the Forum.
3. The appellant appeared before the Forum. He is not at dispute that he is dealer of the gas in question. According to him Respondent No.5 is the District Distributor of the gas. As per instructions of respondent no.5 he was giving service to the respondent/complainant. He contended that whatever amount received by him from the complainant has been sent by him to the respondent no.5. Thus, respondent no.2 to 5 are responsible. He also alleged that he had published in the newspaper on 09.02.2004 that he is closing his agency and asked the consumers to deposit the F.A.No.:1513-06 4 regulators and cylinder with him on or before 23.02.2004 and to collect their deposits. He also contended that he returned he returned the deposits of 300 customers when he demanded the amount to the respondent 2 to 5, he was told by respodnentno.5 that he left the distributorship. He also contended that he has filed civil suit bearing no. 04/2005 against respondent no. 2 to 5 for the amount which he has paid to the customer which is pending in the civil court, Nilanga.
4. Respondent no. 2 & 4 also filed the written statement. It is alleged that they are working with S.H.V. Energy North-West-India Pvt. Ltd. Respondent No. 1 & 5 are responsible for the deposit. They have no knowledge about gas agency. For receipt of Rs.2700/- respondent no. 2 & 5 are responsible. Respondent No.5 refused to accept the notice sent by Forum complaint is proceeded exparte against him.
5. Forum below after going through the papers and hearing the parties allowed the complaint directed the complainant to deposit the regulator and cylinder with the present appellant and directed the appellant and respondent no.5 to pay jointly or severally the amount of Rs. 1425/- with the interest @ 9 % p.a. Forum also directed them to pay the amount of Rs. 1,000/- towards the mental agony and Rs.500/- towards cost.
6. Being aggrieved by the said judgment and order respondent no.1 came in appeal.
F.A.No.:1513-06 5
7. Notices were issued to the appellant as well as the respondents. Adv. Shri. R. H. Jobanputra holding for Av. Shri. Jawalkar appeared for appellant. Respondent No.1 had appeared in person. Respondent No.5 also had appeared person. Adv. Shri. S.S. Chillarge appeared for R- 2 to 4. We heard learned counsel Shri. Jobanputra and Shri. Chillarge for R-2 to 4. We perused the papers. There is no dispute that the present appellant was agent of gas agency in question. There is also no dispute that the gas connection was given by appellant to respondent no.1. There is also no dispute the receipt of Rs. 2700/- was issued by the appellant. The amount of Rs. 1275/- was towards the cylinder deposit and Rs. 150/- towards regulator. It is the contention of the appellant that he had issued notice in the paper and informed to the consumers to deposit the cylinder and regulator on or before 23.09.2004 for obtaining the deposit from him. It is his contention that the complainant/respondent did not deposit the regulator and cylinder on or before 23.09.2004 thus he is not responsible for making the payment of deposit. It is to be noted that the appellant does not dispute that complainant is consumer. He also does not dispute the amount Rs.2700/- is received by him from the complainant and the amount Rs. 1275/- towards deposit of cylinder and Rs. 150/- towards the regulator have been received by him from complainant. It is to be noted that when appellant was knowing the consumers it was necessary for him to inform every consumer by giving notice about deposit of cylinder and regulator and closing of his agency. The F.A.No.:1513-06 6 contention that he has published the notice is not sufficient to presume that complainant is in the know that appellant has closed the dealership. Admittedly the amount Rs.2700/- has been accepted by the appellant and receipt has been passed by him only. It has also come on record that the appellant returned the amount to other consumers and also filed civil suit against the respondent no.2 to 5 for the amount in question. The learned counsel for the appellant also informed the Commission that the suit filed by the appellant against respondent no.2 to 5 has been decreed. We have mentioned that the appellant did not inform the complainant about return of cylinder and regulator before specific date and thus there was no question to know the date of return of cylinder and regulator by the complainant. The Forum has rightly considered this aspect and rightly allowed the complaint. We are not inclined to interfere the order passed by the Forum. We pass following order.
-:: O R D E R ::-
1. Appeal is dismissed.
2. Appellant to pay the amount of Rs. 2,000/- towards the cost to the complainant.
3. Dictated in open court.
4. Copies of the order be furnished to the copies.
(K. B. Gawali) (Mrs.Uma S. Bora) (S. G. Deshmukh) Member Member Presiding Judicial Member Kalyankar F.A.No.:1513-06 7