1. THIS order shall dispose of compensation application filed by Shri Pritam Chand Dogra (hereinafter referred to as applicant) under Section 12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as Act) against Shri Baldev Rana, authorised dealer Vandana Gas Agency, Village Alampur (for brief, R-1) and M/s. S.O.S. Products Pvt. Ltd. of Bhiwani (for brief, R-2).
2. DURING 1994, respondent No. 1 had opened a Gas Agency under the name of Vandana Gas Agency in Village Alampur, Distt. Kangra, H.P. and started its business as authorised dealer of respondent No. 2, who was said to be the manufacturer and distributor of gas cylinders of 12 kgs. through a number of authorised dealers all over India. The family and old mother of the petitioner were living at his native village, Alampur. On persuasion of R-l, the applicant had purchased a gas cylinder of 12 kgs. size and paid a sum of Rs. 1,100/-and was issued a receipt for the same by R-2. In addition to the aforesaid amount, the petitioner was made to pay Rs. 400/- on account of cost of regulator and Rs. 200/- as service charges for which receipts were issued by the respondents. R-1 also charged Rs. 1,200/- towards cost of L.P.G. Stove and issued a warranty card for the same. Thus, the applicant in all paid Rs. 2,900/- to the respondents. R-l assured the applicant that he will not face any difficulty such as defect in the equipment and refilling of the gas cylinder which will be provided at the residence of the applicant as and when required.
R-2 after providing smooth service through R-l for some time, started harassing the petitioner''s family. R-1 shifted its office to Sujanpur Tira, Distt. Hamirpur from Vill. and P.O. Alampur, the native village of the petitioner and stopped the supply of refilled gas cylinders as was promised. Somehow, the petitioner spent huge amounts for getting the cylinder refilled at the new office of R-l. During December, 1997, when the petitioner visited his native village, he was shocked to know that R-1 has closed the business of gas agency and had started a new business of electronics under the name of Pooja Electronics. On this, the petitioner requested R-1 if he has no arrangement for supplying the refilled cylinders, then he should return the money of the aforesaid equipment to the applicant so that he can get the gas connection from Indian Oil Corporation. R-l neither returned the amount in question nor supplied the refilled gas cylinder to the petitioner. Left with no other alternative, the petitioner approached this Commission for compensation.
Notice of compensation application was issued to the respondents but they neither filed their reply nor put in their appearance in the Commission. After giving adequate opportunities to the respondents, the proceedings against them were set ex-parte on 16.2.1999. On the same date, following issues were framed :
(1) Whether the respondents have been indulging in unfair trade practices as alleged in the compensation application ? (2) Whether the applicant has suffered any loss or damage as a consequence of these alleged unfair trade practices ? (3) Relief, if any.
3. SINCE the proceedings against the respondents were set ex-parte, I heard the ex-parte final arguments advanced by the applicant, Shri Pritam Chand Dogra.
On analysis of the proceedings of this case, I found that the respondents never put in their appearance or responded to the notices issued by the Commission. From the documents enclosed with the compensation application, I found that the applicant had in all paid an amount of Rs. 2,900/- which include Rs. 1,100/- towards security of gas cylinder 12 kg + Rs. 200/- towards service charges for which R-2 had issued the required receipts and Rs. 400/- towards regulator and handling charges + Rs. 1,200/- for L.P.G. Gas Stove for which R-l had issued receipt for Rs. 400/- and a warranty card for L.P.G. Gas Stove. It is a case of non-rebuttal. From the documents on record, I found that the applicant has paid Rs. 1,200/- towards L.P.G. Gas Stove for which a warranty card has been annexed with the compensation application. As per Item 2(B) of the terms and conditions for giving the cylinders to the consumers on security as printed on the back of Security Voucher of R-2, "The consumer will get the refilled cylinder from its authorised dealer only....", accordingly, it was the duty of R-l to supply refilled gas cylinders to the applicant. Since R-l has closed its business of gas agency without making any arrangements for supply of refilled gas cylinders to its consumers, it tantamounts to deficiency of service. The aforesaid unfair trade practices of the respondents are prejudicial to the public interest, or to the interest of any consumer or consumers generally and to the interest of applicant in particular.
4. IN view of the foregoing, I hold that the respondents have indulged in unfair trade practices within the meaning of Section 36A of the Act as alleged by the applicant. I also hold that as a result of the aforesaid unfair trade practices indulged into by the respondents, the applicant has suffered monetary losses and is entitled to relief as urged in the compensation application. Accordingly, I direct respondent No. 1 to refund the amount of Rs. 1,600/- to the applicant alongwith interest @ 15% p.a. from December, 1997 when it closed its business of gas agency till the same is paid to him. I also direct R-2 to pay Rs. 1,300/- to the applicant alongwith interest @ 15% to the applicant with effect from December, 1997 till the same is refunded to him. The applicant on receipt of the said amount from R-1 and R-2 will return the L.P.G. Gas Stove to R-1 and Gas Cylinder to R-2 within 2 weeks thereafter.
In para 14 of the application, the applicant has sought compensation towards mental agony to the tune of Rs. 50,000/- and expenses incurred on transportation etc. Rs. 5,000/-. I am not agreeable to award such huge compensation particularly when the interest at the rate of 15% is allowed from the period of closing the business by R-l. However, I am of the view that he is entitled to compensation to the tune of Rs. 2,000/- towards transportation charges to be paid by R-1 since the applicant had purchased the gas cylinder and necessary equipment through and from R-1 only. The R-1 and R-2 are directed to pay the aforesaid amounts within 6 weeks from the date of this order and file their respective affidavits of compliance within 2 weeks thereafter, which shall not be later than 8 weeks from the date of this order. C.A. disposed of.
