The present compensation application was initially filed before MRTP Commission on 15.11.2008 and the Commission directed to DG (I & R) to investigate the matter.

2. The applicant Mrs. Geeta Chatterjee is a house-wife & widow of late Shri Phani Bhushan Chatterjee, resident of Pratapgarh, P.O. Bongaon, North-24, Parganas districts-743235 (W.B). Shri Chatterjee was an LPG consumer of the respondent no. 1 holding the connection no. B-4993 since 24.09.1993. After the sad demise of Shri Chatterjee on 02.04.2005 the complainant was using the said connection and continued till date.

3. The respondent no. 1 is an Indian Gas Distributor appointed by the respondent no. 2 under a standard distributorships agreement on principal to principal basis to release new LPG connections, DBCs, supplies of refill to the domestic consumers including commercial consumers and the public at large, in accordance with the LPG marketing guidelines issued by the respondent no. 2. The respondent no. 2 is a public limited company under the administrative control of Ministry of Petroleum registered u/s 617 of the companies Act 1956.

4. The relevant facts culled out from the information filed by the informant are as under:

4.1 The informant alleged that respondent no. 1 had released new LPG Connection to the applicant's husband (Late Shi Phanindra Nath Chatterjee) vide consumer no. B-4993 alongwith SV No, 615996 dated 24.03.1993 with one cylinder, regulator, Gas-stove& rubber-tubing forcibly at exaggerated prices. Late Shri Phanindra Nath Chattopadhyay also booked DBC on 11.07.1995 vide booking slip no. 70911, however, neither consumer number nor the SV no. was issued to him against this booking. She further stated that after the expiring of her husband, she had got changed the aforesaid gas connection in her favour on 27.03.2008 with new consumer no.B-28935 and SV No. 96830 forcibly. During the life of applicant's husband, the said gas connection was released in his name-written as "Phanindranath Chattopadhyay" inadvertently for which the applicant had submitted her affidavit dated 3.9.2008 swearing therein that both the names were off one & identical person having no difference and the last supplies made to the applicant till March, 2008.

4.2 The complainant has, inter alia, further alleged in the information that the respondent Gas Distributor has been illegally withholding the supply of refills, creating artificial shortage of refills in the market, diversifying domestic refills to the commercial consumers on premium, etc. The complainant alleged that the respondent no. 1 is not supplying the Gas cylinder against to empty cylinder (one against forcibly released new Gas connection SV No. 968304 and one against DBC booking no. 70911 which was booked by her husband on 11.07.1995) due to non-supply of gas cylinders she has been forced to purchase superior kerosene Oil (SKO) for cooking the food for her family. She further alleged that the respondents have not been performing their duties laid down in the Marketing Discipline Guidelines and such a trade practice is a restrictive trade practice under the provisions of the MRTP Act, 1969.

5. The reliefs sought by the informant are as under:

5.1 To direct the respondents to pay the compensation of total claimed amount of Rs. 2,28,260 (including interest calculated till 15.11.2008 ) and further interest @ 24% would be continued till the realization of the amounts

5.2 To pass 'Cease & desist order.

6. The Director General (I & R) sought the comments from respondents. The respondent no. 2 has furnished the reply to DG (I & R) enclosing a copy of marketing discipline and guideline on the allotment of LPG, the summary of reply is as follows:

6.1 Respondent no. 2 has inter alia, submitted that on 24.09.1993, vide SV no. 665996, connection no.B-4993 a single LPG cylinder was allotted in the name of Mr. Phanindra Nath Chatterjee. Upon the demise of Mr. Phanindra Nath Chatterjee the connection has been transferred in the name o