LAWS(NCD)-1990-10-44

CHIEF DIVISIONAL MANAGER IOC Vs. M B NATARAJ

Decided On October 29, 1990
Chief Divisional Manager Ioc Appellant
V/S
M B Nataraj Respondents

JUDGEMENT

(1.) These three Appeals arise out of an Order passed by the District Forum, Bangalore in Complaint No. BDCF: 9/1990-91 on its file.

(2.) They arises in this way : -In the daily paper 'deccan Herald' dated 30.3.1990, an advertisement was jointly issued by IOC, HPC and BPC (Appellants in these appeals and hereinafter referred to as the companies), it was stated that checking of Cylinder Pressure Regulator, Rubber Tubing and Hot Plate/stove is compulsory once in two years and that the checks will be carried out by the distributors mechanics at a nominal charge of Rs.10. The complainant who is one of the users of the LPG Gas challenged that advertisement by his complaint dated 30.3.1990 before the District Forum. Bangalore and sought for a direction against the said companies to conduct the said check free of charge

(3.) The companies resisted the complaint by contending inter alia that the District forum has no jurisdiction to entertain the complaint and to give a direction as sought for by the complainant, that the checking is intended for the safety of the consumers; that as per the Agreement entered into between the consumers and Oil Companies, all necessary installation work including connection and disconnection of the Cylinders to and from the appliances/ Pressure Regulator and the work of the repairs to appliances and replacement of the rubber tubing will be carried out at the customers expenses and on his own responsibility by the Distributor and not on behalf of the companies and that the consumer is not entitled to get his Hot Plate and Rubber Tube tested free of charge.