VINAYAKA AGENCIES vs D.N.SRIDHAR

THESE two appeals arises out of an order passed by the District Forum, Bangalore in Complaint No. 5 on its file.

MR. D.N. Sridhar (R-1 in Both appeals) had registered for LPG connection on 23.3.1987 with Vinayaka Agencies, Bangalore. When he made enquiries, he was informed that an intimation letter was sent to him on 12.11.87 under Certificate of Posting. According to him, he did not receive that intimation. When he approached the Zonal Manager of the Indian Oil Corporation, he refused to allot the LPG connection. Hence, he filed a complaint before the District Forum. The Indian Oil Corporation resisted the complaint by contending inter-alia that since the complainant had failed to take connection within 15 days from 12.11.1987, they cannot give him connection out of turn. The District Forum, after hearing the parties directed the Agent and Indian Oil Corporation to give new LPG connection to the complainant within a month from the date of the receipt of the order and to pay costs of Rs. 100/-. Being aggrieved by the said order, the Agent, Vinayaka Agencies has filed Appeal No. 48/91 and the Indian Oil Corporation has filed an Appeal No. 49/1991.

Respondent No. 1 who is present, admits that he had not paid anything either to the agent or the Indian Oil Corporation while registering for LPG connection. By merely registering, he will not be a consumer. He has neither purchased goods for consideration nor hired the services of the appellants for consideration. Hence, he will not be a consumer and his complaint could not have been entertained by the District Forum. Hence, the order passed by the District Forum cannot be sustained.

BEFORE operating with the appeals, we would like to observe that the Indian Oil Corporation will do well to send the intimation of allotment of LPG connection by registered post instead of sending it under Certificate of Posting. In the result, both the appeals are allowed and the order passed by the District Forum is set aside and the complaint is dismissed. However, the Indian Commission observes that the Indian Oil Corporation will do well if it considers afresh the request of Respondent No.1 and allot him LPG connection as his turn has already reached. Under the circumstances, we direct the Parties to bear their own costs. Appeals allowed.