Denying Permission To Use Toilet At Petrol Pump; Consumer Commission Holds Dealer Of Indian Oil Corporation Liable

Brief Facts;

On 08.05.2024 , the complainant was travelling from Kasargod to her home town Pathanamthitta .On her way to home , she stopped at Thenankalil Petroleum Fuel Pump to refuel her vehicle and with an urgent need to use the toilet facilities provided by the pump. After fueling the vehicle, the complainant rushed to the toilet, but the toilet door was locked.

Immediately the complainant approached the pump staff and requested to unlock the toilet due to urgency. But they responded negatively and stated that the toilet was locked by the manager and it is inaccessible to the customers. They further stated that the toilet was out of order and not in a usable condition, justifying their refusal to grant access. The complainant made phone calls to the manager of fuel station and the dealer two times in the numbers provided in notice at the fuel station.

Both the manager and dealer didn't pick up the call. Due to urgency the complainant pleaded with the staff to reconsider and open the toilet. Unfortunately, they remained unyielding, displaying lack of empathy and understanding towards the basic human need. The situation was exacerbated by the fact that finding an alternative fuel station with operational toilet facilities was exceedingly difficult as the maintenance work of the road was blocking access to other pumps.

The complainant called in the emergency number 112 for getting the assistance of the Kerala Police. Even in the presence of police the staff of the pump refused to open the toilet, and police were compelled to take forceful measures to open the toilet. When it was opened, the toilet was in good and usable condition, contrary to the claims of the fuel pump staff. The disrespectful treatment faced by the complainant caused physical and mental stress and it is a severe violation of the consumer rights.

Hence the complainant approached the consumer commission.

Contentions of the Opposite Parties.

The first opposite party, dealer, through her written version contended that the authorized officer on duty informed the complainant about the helplessness to permit them to use the toilet as it was under maintenance due to overflow of septic tank. The officer in charge informed them that they can arrange toilet facility in the adjacent property of the outlet. But the people in the vehicle engaged in altercation with the officers in charge. The staff of the outlet has not done anything un-empathetic towards the complainant without understanding the basic human need. After a few minutes ,police came there and forcefully opened the toilet by break opening the door.

The dealer admitted that the toilet was in good condition and properly maintained. But it cannot be used since septic tank was overflowing.

The opposite parties 2 to 4, Manager, Sales head & Chairman of Indian Oil corporation Ltd respectively , contended that there is no privity of contract between the opposite parties 2 to 4 and the complainant. They have not fixed any charge from the consumers who will come to the retail outlet for fueling and look for free facilities of toilets. Hence, the petition filed by the complainant is not a complaint as per the definition envisaged under section 2(6) of the Act.

It was further added that subsequent to this incident it has been duly advised to all retail outlet dealers to provide basic amenities to the customers who enter the retail outlet premises for fuelling.

Observation By the Commission:

The Commission observed that mandatory facilities which every petrol pump must provide free of charge include tyre inflation, drinking water, suggestion/complaint book, telephone number of oil company personnel, first aid box, toilet, safety equipments etc. A person's basic requirement is to go to toilet or use the rest room which the petrol pump owner cannot refuse

The Commission observed that maintaining a clean and working toilet in petrol pump is a statutory requirement, the dealer ought to have maintained the toilet in a usable condition. The dealer took an adamant stand not to open the toilet and the complainant was not given permission to use the toilet even when the police was called for the assistance of the complainant.

The Commission added that the dealer refused the complainant, who was a woman ,from using the toilet which is not at all justifiable. The act of first opposite party in refusing the customers from using the basic statutory facilities arranged in the petrol pump after obtaining the license from the government is a clear case of unfair trade practice and deficiency in service.

The Commission while allowing the complaint, directed the dealer to pay Rs.1,50,000/- to the complainant as compensation with interest @10% p. a from the date of filing of complaint. It further directed the dealer to pay Rs.15,000/- as cost to the complainant.

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