BEFORE DISTRICT CONSUMERS DISPUTES REDRESSAL FORUM (V)
(North West District)
CSC-Block, Shalimar Bagh, Delhi-110088.
Smt. Sushma Saini
W/o Sh. Youdhvir Singh
R/o AD, 63-D, Shalimar Bagh,
Indraprasth Gas Limited
IGL Bhawan, Plot No.4,
Community Centre, Sector – 9,
Coram: SHRI RAKESH KAPOOR, PRESIDENT
SHRI S. C. JAIN, MEMBER
DR.PREM LATA, MEMBER
S.C. JAIN, MEMBER
The complainant is a resident of AD 63 – D, Shalimar Bagh, Delhi and applied for a piped natural gas connection vide registration form no.305098 to the OP and amount of Rs.5000/- vide cheque no. 410309 dated 13.4.2009 drawn on Union Bank of India was delivered to authorized agent of OP M/s Yog Maya & Company AD-9A, Power Apptt., Pitam Pura, New Delhi – 34, who under their signatures acknowledge the receipt of the same as annexed with the complaint as annexure B. The complainant was allotted B.P. No.4000051654 by them.
issued by the complainant was duly paid from his savings bank account
maintained with Union Bank of
The complainant inquired from the staff of OP who were installing new PNG connections in the neighbourhood on 15.9.2010 that she had also paid the amount towards installation of PNG Connection at her residence because she had also made payment to them on 13.4.2009 but staff of OP showed their helplessness to installed the gas connection and told the complainant that her name is not listed in their record for installation of the new gas connection. The complainant made inquires telephonically from the company about the installation of the gas connection at her residence but she was told by the official of the OP that her name had not been listed for the installation of the connection. The complainant requested many times to the staff of gas connection installing agency i.e. Yog Maya and Company to include her name in the list and showed them all the payment documents but inspite of that her requests gone wasted and staff of the OP company did not paid attention to her request.
The complainant sent a legal notice dated 22.9.2010 by registered post AD through her counsel to the OP but even after sending the legal notice to the OP, the OP neither send any reply to her nor took any steps for the installation of the connection at the residence of the complainant. The complainant aggrieved by the attitude of the OP filed this complaint before the forum for deficiency in service on the part of OP for not installing the PNG connection at her residence and prayed for directing the OP to install immediately PNG connection at her premises and further directing the OP to pay damages/compensation at @ Rs.500/- per day from the installation of the gas connection in her neighbourhood on 15.9.2010 till the installation of gas connection at her premises. The complainant had further prayed for directing the OP to pay interest @ 18% per annum on Rs.5000/- deposited by him with the OP on 13.4.2009 till installation of the gas connection.
Registered notice was issued to the OP, who were initially represented by Mr. Anoop Kumar Singh, Deputy Manager (legal) and the copy of the complaint alongwith all the documents was supplied to Deputy Manager of OP as was desired by him but after that none appeared on behalf of OP and contested their case and put forth their version and accordingly OPs were proceeded with ex-parte. The complainant filed her ex-parte evidence by way of affidavit, arguments heard, file perused.
The complainant by her unrebutted evidence has proved her case.
Suppliers rights and obligations clause 1 mentioned in the documents of terms & condition for supply of Piped Natural Gas to domestic consumers states:-
After receipt of her duly completed registration form together with the required interest free refundable security deposit, the supplier shall commence to take steps to provide the PNG connection to the Customer:- The Supplier shall make all efforts, as prudent City Gas Distribution Company to install the connection within reasonable time, not exceeding six months from the date of registration, subject to the availability of access to the Customer’s premises.
Further, clause I of General Terms & Conditions for supply of Piped Natural Gas to Domestic Consumers States:-“the supplier has the right to reject any application for registration by intimating the basis for rejection of the application to the applicant”.
From the above clauses it is clear that the supplier has the right to reject any application for registration by intimating the basis for rejection of the application to the applicant but in this case nothing of this sort was intimated to the complainant that her application has been rejected and accordingly to the terms & conditions if once the application is accepted the OPs are duty bound as per clause mentioned under suppliers Right/obligation to install the gas connection within a reasonable time which cannot exceed six months from the date of registration subject to the availability of access to the customers premises and in this case the complainants application was registered on 13.4.2009 the payment of Rs. 5000/- was duly cleared from the account of the complainant on 20.5.2009 and the OP were installing gas connection in the neighbourhood on 15.9.2010 and the complainant was never intimated about the rejection of his application or non availability of access to her premises and had arbitrarily deprived the complainant of the gas connection even after payment of the demanded amount neither OP took pains to present their version of the things even after initially appearing before the forum and later on never attended the forum, which reflects the authoritarian attitude of the OP to provide gas connection at their wimps and fancy to the consumers because of their monopoly in the area for the same and the forum is the considered view that these acts of the OP amounts to deficiency in providing services to the complainant as well as adopting unfair trade practices.
Accordingly, this forums orders as follows:-
The OP shall install pipe natural gas connection at the residence of the complainant within 30 days from the receipts of these orders. The OP shall pay an amount of Rs.10,000/- to the complainant for deficiency in services and mental agony and harassment cause to the complainant.
We also direct the OP
u/s 14(1)(hb) of Consumer
Protection Act 1986 to deposit a sum of Rs.50,000/- (Rs.Fifty
Thousand). With the Consumer Welfare
Fund maintained with the Delhi State Consumer Disputes Redressal
Commission, A Block, Vikas Bhawan,
The above order shall be complied with by the OP within 30 days from the receipt of these orders and if OP fails to comply the above orders the complainant shall be at liberty to approach this Forum under Section 25/27 of Consumer Protection Act, 1986.
Copy of this order be made available to the parties free of cost as per law and Case File be consigned to Record Room.
Announced on 30.01.2012.
(PREM LATA) (S. C. JAIN) (RAKESH KAPOOR)
MEMBER MEMBER PRESIDENT