Home | Legal Advice | Civil Law Cases | Indane distributor committed fraud

Indane distributor committed fraud

Question: I am a consumer of the Indane an Indian oil petroleum gas service, i.e. Indane. My distributor committed fraud by issuing several connections without having the authority. Later on, the Indane has terminated his agency and transferred all connections to another distributor. Indian oil has ceased my consumer number by stating that distributor issued it without any authority.
Question in: Civil Law Cases
advocate shivendra

Shivendra Singh

Advocate

High Court Lucknow

Reading Time:

You are a bona-fide consumer of Indane distributor because you have paid the requisite fee for a new connection. The distributor has concealed the fact that he had no authority to issue a new connection. If you had been receiving refill cylinder on the same connection number, then you can claim that you are a bona-fide consumer.

There is no fault from your side. Issuing a connection without having authority amounts of deficiency in service. The distributor is liable to compensate the consumers to whom he inducted unauthorisedly. A person becomes an LPG customer only on signing a subscription voucher. That voucher contains the terms and conditions governing the loaning of gas cylinders and pressure regulator etcetera.

I think you have signed that consumer voucher and paid all the requisite fees. Hence, the distributor cannot refuse or deny that you obtained that voucher by committing fraud. In the above condition, the distributor is under obligation to compensate you.

You should file a complaint before the district consumer forum for the compensation as well as you can register an FIR for the offence of cheating. It is a criminal act and punishable under section 420 of the Indian penal code.

Liability of Indian Oil Corporation (Indane)

The Indian Oil Corporation is not liable for compensation. Clause 17 of the LPG distributorship agreement postulates the distributor to act as principal and not as an agent. Hence, indane is not liable to compensate for the illegal act of its distributor. The distributor is not an agent of Indane, so the relationship as of principal and agent does not exist.

In the above condition, indane has no legal obligation to regularise the connection. There is privity of contract between you and the distributor; however, the distributor had no authority to make a new consumer. Hence, such act of distributor constitutes deficiency in service and comes under section 2(g) of the Consumer Protection Act.

According to that section, the ‘deficiency’ means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

It is the fault of the distributor to issue new connection without having any authority from the Indane. Hence, the distributor is liable for the deficiency in service committed from his end. You should file a complaint before the district consumer forum.

Recent Advise

I constructed my house on the written permission of NHAI : How to protect its demolition?

As per Karnataka state government laws building to be constructed 40 metre away from the centre line of national highway’s road. When we approached the NHAI, engineer provided conditional approval about building construction. He took written statements saying that the owner will not receive compensation for demolition of his building if the NHAI would demolish his building during road widening. We started building construction after getting approval from NHAI. Now the Karnataka high court bench has upheld the government’s law about 40 metre. The court has directed the authority to take action. Could you please guide how we can proceed now.

An agreement to sale holder has dispossessed me forcefully

I bought the immovable property through a registered sale deed. Before purchasing the immovable property the seller made an unregistered sale agreement with another one and gave him the possession of the property. But later on the person who made a sale agreement did not act as per sale agreement. So the original owner of the property sent him a notice for cancellation of the sale agreement. After that I purchased the said property through the registered sale deed and I took possession of the said property. Now that unregistered sale agreement holder files a suit under specific performance and forcefully took the possession of said property. Now matter is pending in court so my question is whether I can lodge the FIR against the unregistered sale agreement person for trespass offence?

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54