Himmat Gas Services vs KALA DEVI

THE core question which falls for consideration is "whether at this stage, husband and wife can have two separate LPG connections? ".

THE facts of this case are as follows: Smt. Kala Devi, the respondent, has two LPG Connections in her house, one bearing No. 12646, in the name of her husband and the other bearing No. 12970, in her name. Smt. Kala Devi remained away from Delhi, for a long period as she was to look after her father-in-law, who was ailing. When she came back to Delhi, she made a request for LPG Cylinder. The Petitioner, Himmat Gas Services, did not accede to her request and demanded surrender of LPG Cylinder and Regulator, issued in the name of her husband Sh. Paras Ram. The LPG Cylinder was not supplied to the complainant, till the filing of the complaint before the District Forum.

Before the District Forum, the petitioner was proceeded against ex parte,vide order dated 20.3.2009. While permitting the complaint, it was directed that the petitioner would resume supply of LPG connection/cylinder within 24 hours of receipt of the order and shall also pay to the respondent/complainant a sum of Rs. 20,000 as compensation for mental and physical harassment. The petitioner was also directed to pay a sum of Rs. 5,000 as costs of litigation.

AGGRIEVED by the order of the District Forum, the petitioner herein preferred Appeal before the State Commission. The State Commission, dismissed the appeal,vide order dated 5.11.2009. Aggrieved by the the order of the State Commission, this revision petition has been filed by the petitioner.

WE have heard the Counsel for the petitioner. None appears for the respondent. This is clear that previous Policy, permits that only one connection in the name of a person can be issued. Since wife and husband are two persons, therefore, they got two connections. However, subsequently, another Notification-dated 10.9.2009 came into force. The relevant extract of the said Notification is reproduced here as under: "(a) In Clause 2 - (i) After Sub-clause (g), the following sub-clause shall be inserted, namely: (gg) ''household '' means a family consisting of husband, wife, unmarried children and dependent parents living together in a dwelling unit having common kitchen: Provided that a Liquefied Petroleum Gas connection shall be issued only in the name of any adult member of the household by a Government Oil Company under the public distribution system. "

Consequently, we agree with the direction relating to awarding of compensation granted to the respondent by the Fora below because at that time, no Notification dated 10.9.2009, had come into force.

AT the end of the Board, Smt. Kala Devi, the respondent had appeared in person and informed the Commission that her Counsel had handed over the file to her and that he would not argue the case. She, however, admitted that her husband who is now expired, has got a separate connection, and her son is getting the LPG Cylinder from the petitioner. She could not show that her husband and/or her son and she herself are living in separate houses or have different kitchens.

IN view of the above discussion, we partly allow the revision petition.. The condition that the LPG connection be restored immediately, within 24 hours, is hereby struck off, in view of the above said Notification. We cannot pass an order contrary to the prevalent law. However, we are not inclined to interfere with the compensation already granted to the respondent, which is lying deposited with the District Forum, as per order dated 29.3.2010 of this Commission. The District Forum-V, North West District, Delhi shall release the same in favour of the respondent, along with accrued interest thereon, if any. Consequently, the revision petition is partly allowed, with no order as to costs. Revision Petition partly allowed.