BEFORE DISTRICT
CONSUMERS DISPUTES REDRESSAL FORUM (V)
(North West District)
CSC-Block,
Shalimar Bagh, Delhi-110088.
Case
No.1417/10
Smt. Sushma Saini
W/o Sh. Youdhvir Singh
R/o
AD, 63-D, Shalimar Bagh,
..........Complainant
Versus
Indraprasth Gas Limited
IGL Bhawan, Plot No.4,
Community Centre, Sector – 9,
R.K.Puram,
..........Respondents/OPs
Coram: SHRI
RAKESH KAPOOR, PRESIDENT
SHRI
S. C. JAIN, MEMBER
DR.PREM LATA, MEMBER
ORDER
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.
The Cheque
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,
I.P.Estate,
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