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LPG distributor fined Rs 20,000 for failure to provide connection

Our Legal Correspondent

Chennai , Aug. 3

A CITY-BASED LPG agency of the state-owned Bharat Petroleum Corporation has been ordered by the District Consumer Disputes Redressal Forum, Chennai (South), to pay a woman consumer punitive damages of Rs 10,000 and also a compensation of Rs 10,000 for failure to provide a gas connection despite the consumer having fulfilled all the stipulations.

The complainant, Ms Varadambal, Kilkattalai, a city suburb, registered with Sri Balaji Gas Agencies, Royapuram, for a domestic gas connection. When she shifted her residence from MDLB Colony to Soundararajan Nagar in Kilkattalai, she requested the gas agency to transfer her application to another gas agency, which was nearer to her place.

The complainant approached Sri Munuswamy Gas Agency in Velachery for registration of her application for gas connection. But the agency refused to act on her application, and directed her to obtain transfer authorisation letter from the head office of Bharat Gas Agent and Balaji Gas Agency. The consumer accordingly got the requisite endorsement from the head office which was accepted by Sri Munuswamy Gas Agency. But the LPG distributor failed to provide the gas connection for the best reasons known to them.

Alleging deficiency in service on the part of the LPG distributor, the consumer prayed for a direction to the distributor to pay adequate compensation to her and also provide the connection forthwith.

The Forum, presided over by the President, Ms R. Aparna, and comprising two members, noted that the opposite party (Sri Munuswamy Gas Agency) had denied free delivery of the connection citing territorial jurisdiction. From the way the opposite party dealt with the application, a presumption could be drawn in favour of the complainant that the agency in order to enrich himself had asked the complainant to obtain the gas on cash and carry basis. The opposite party was rendering service for consideration as the net price of the gas cylinder included their commission. Hence, the opposite party had not only acted in deficient manner but also adopted unfair trade price which had to be brought down with firm hand, the Forum held.

The Forum said it had no hesitation to impose a compensation of Rs 10,000 and a punitive damages of Rs 10,000 on the opposite party, and to direct the agency to provide gas connection to the complainant with cost of Rs 1,000.

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