CONSUMER PROTECTION COUNCIL, ROURKELA vs Indian Oil Corporation Ltd.

CONSUMER Protection Council, Rourkela has filed this complaint claiming certain reliefs which is being contested by Indian Oil Corporation Ltd. One of the reliefs claimed in complaint is that the said opposite party be directed to check and weigh each LPG refill at the door step of house in the presence of consumer (s) before it is delivered so as to ensure that 14.2 Kgs. of LPG is delivered till the requisite changes are made in the Bottling Plant. Pursuant to the order dated 4.12.2002. IIT, Kharagpur has sent the report against which said opposite party has filed objections which are at pages 65 to 75 on the paper book. On 26.7.2005 complainant was permitted to place on record the report of the committee set up by the Department of CONSUMER Affairs to identify the problem relating to short filling of LPG in domestic cylinders and the copy of this report was also supplied to the Counsel of both the sets of opposite parties. On inquiry, Mr. Vaidyanathan states that he is not aware about the action taken on that report either by the CONSUMER Affairs Ministry or Ministry of Petroleum and Natural Gas.

ALSO having heard the Counsel of both sets of opposite parties, we feel that in order to decide the issues raised in this complaint effectively, it would be desirable that notice is sent to the Ministry of Petroleum and Natural Gas. Though Consumer Affairs Ministry is a party in the complaint but it is not being represented by any Counsel. In order to ascertain the action taken by both the Ministries on the said report, notice need be issued to the Secretary, Consumer Affairs Ministry also. Accordingly, notices to both the aforesaid Ministries through the Secretaries concerned be issued returnable on 31.1.2006. Along with notices, the Registry will forward the copies of complaint, written versions filed by opposite parties, report of IIT, Kharagpur, report filed on 26.7.2005 as also report of Project Development India Ltd. Mr. Vaidyanathan invites our attention to an advertisement issued by Hindustan Petroleum according to which every deliveryman is to carry weighing scale and consumer given option of checking the weight of the cylinder by the deliveryman at the door step. Having heard Mr. Vaidyanathan as also Counsel for both the sets of opposite parties, we are of the view that direction similar to the advertisement inserted by Hindustan Petroleum need be issued by way of temporary measure to Indian Oil Corporation Ltd. Accordingly, we direct that Indian Oil Corporation Ltd. will ensure that weighing scale is made available to all deliverymen who will give delivery of domestic cylinders to the customers only after weighing them in the presence of consumers. This direction will be applicable w.e.f. 1.11.2005 positively. Let a copy of this order be given Dasti to Mr. Vaidyanathan and to both the sets of opposite parties through Counsel.

Advertisement in media will also be given by Indian Oil Corporation Ltd. on the pattern done by Hindustan Petroleum.

REGISTRY will send a copy of this order to the Press Trust of India for giving due publicity. List on 31st January, 2006 for further proceeding. Listed for further proceedings.