Date:25/05/2006 URL: http://www.thehindu.com/2006/05/25/stories/2006052519400400.htm

Tamil Nadu - Chennai

Consumer forum rejects IOC, TUCS appeals

K.T. Sangameswaran

CHENNAI: "It is rather unfortunate that public bodies choose to remain ex parte, court orders against them, (and following this) they approach an appellate forum and complain about the alleged mistakes on the part of the lower forum. They do not take the complaints seriously and ensure that the complaints are properly defended through proper representations."

The State Consumer Disputes Redress Commission said this while dismissing the appeals filed by Indian Oil Corporation (IOC) and Triplicane Urban Cooperative Society Ltd (TUCS), which were set ex parte by a lower forum in a case relating to gas connection.

T. Audikesavan of Senneerkuppam here complained to the District Consumer Disputes Redress Forum, Chennai (South), that he applied for a gas connection with his TUCS agent in March 1994. He was informed of the allotment by TUCS in October 1999 and was directed to approach its Teynampet office to get the connection. However, he was driven from pillar to post to get it. The Managing Director of TUCS and Area Manager, IOC, Anna Salai, were cited as the first and second opposite parties respectively.

Ex parte

After notice was served on them, they were called absent and were set ex parte. They filed set aside petition which was allowed and time was granted to file their version. But as no version was filed, they were again set ex parte.

The forum held there was deficiency in service and directed them to pay the complainant Rs.5,000 as compensation with costs of Rs.1,000.

Challenging the forum's order, the Area Manager, IOC and Special Officer (Managing Director), TUCS filed appeals.

In the appeal, it was submitted that the district forum failed to see there was no deficiency in service by IOC. The forum should have noted that the complainant had been supplied the gas cylinders even at the time of the complaint.

In the order, the Commission Bench consisting of Justice K. Sampath, president and Pon. Gunasekaran, member, said the opposite parties were themselves to blame for being set ex parte. The Commission said it was satisfied they drove the complainant from pillar to post. They owed a duty to customers.

The bench cited an order in a case wherein it was held there was a relationship of principal and agent between IOC and its distributors in relation to gas connection and they were accountable in case of deficiency in service on their part. The Commission said there was no merit in the appeals.