Adv. for the complainant- None.
Adv. for the Opp.Party - None.
Date of filing of the case – 01.01.2014
Date of order of the case – 20.10.2014
JUDGMENT.
Sri P.Samantara,President.
The complaint petitioner Sanjeeb Kumar Sahu of Jharial District- Bolangir, has averred that he is a consumer of B.P.C. under M/S.Binapani Bharat Gas Titilagarh bearing consumer No.996 and continued as the consumer since dt.15.04.2011.
2. The complaint petitioner made a complain against the BPCL distributor M/S.Binapani Bharat Gas that gas dealer in approach to be enrolled under DBT-LPG subsidy scheme of central government is not taking interest being a LPG consumer to link his Aadhaar number with his bank account. It is also complained the dealer is reluctant to accept the Aadhaar card, on the pretext of incomplete and it needs entire slip to admitted rightly as per his discretion.
3. The petitioner also averred that the Aadhaar number in the same format and position is accepted by other company without any murmuring but this O.P is callous, capricious and not pro active in linking the bank account to my Aadhaar number deligently, with repeated and protracted approach has been failed and it is not convincing the O.P is making harassment without any fault of mine or Aadhaar document. Prayed to facilitate the procedure in giving the direction at earliest. Relied on, Aadhaar card photocopy, Card serial No- 2078628 photo copy.
4. On acknowledgement of notice, the O.P appeared and filing the written statement, admitting the complaint petitioner is a consumer under M/S. Binapani Bharat Gas and the consumer No.996 is the bonafide consumer number with the address as noted in the petition. Again admitting the consumer has approached the staffs of the concern in half cutting Aadhaar card and advising to produce in standard format with other documentation and the irregularity has not come to the knowledge of the proprietor at proper note of time. Updation of Aadhaar card is available on a public website and any can visit and be acknowledged with the competent procedure. The case filed by Dr. Sahu is harassing for wasting time and money, being a formal document work. It can’t be override. So the case be dismissed in interest of justice.
5. Perused the record and documents relating to facts and gone with the submission by both at their length.
6. The facts preliminary states, the complainant is a bonafide consumer has got the right in demand of subsidy relating to domestic gas as tendered earlier DBT-LPG subsidy scheme linked with Aadhaar card and consumer bank account. The Apex court in an interim order had said that the Aadhaar number can not be made mandatory for people to avail any government services and nobody should be deprived of any such facilities for the want of the card.
7. Even then the govt. admitted “Aadhaar is only an identification card. We will not make it mandatory unless supreme court given a clearance”. On such back drop, the distributor can not insist for Aadhaar card as per the law. The consumer has tendered the Aadhaar card and same can be verified and downloaded from the competent website as admitted by the agency which neither ensured hither to. The distributor has admitted failed in ensuring the formality and documentation in intimating the customer by issuing letter or it is is the paramount duty to extended all co-operation to the consumer and No paper placed before this forum in admission that post institution of the case, the dealer has not initiated steps to ameliorate the difficulties of the complainant as complained with hitherto. Again it is admitted, the matter has not come to the proprietor’s knowledge and the staffs in the shop has not intimated the problem and also suppressed the disgruntleness problem in a discourteous way even not caring with the law or due process of business management. Hence we considerably allow the case as the fault, shortcoming and as imperfection is vivid, admitted and not ensured even lodging of this case. Such type of skirmishes occurs repeatedly and the management is not competent to ward off justifiably to the satisfaction of the court and in absence of such complainants cause, the problem may not see the light of the day. In view of such findings, we warn the dealer must direct the employees or dealing staffs must be courteous, obedient and submissive in convincing the intent of a beneficial scheme, irrespective of the standard/social status of the consumer and be dealt in prompt, deligent ad pro active manner as such no complain be give way to crop up such situation.
Hence ordered;
The O.P is at fault and directed to extended all help in modesty to the complaint petitioner and also liable to pay a token compensation of Rs 1,000/- (Rupees one thousand) only, for harassment and mental agony sustained, along with a sum of Rs 200/-(Rupees two hundred) only, towards legal expenses incurred within 20 days of this order, failing which interest @ 12% per annum will accrue on the entire sum from the date of application till realization of payment.
II) The complaint petitioner should extend all co-operations to the distributor in providing the relevant documents in reasonable and substituting mode at earliest.
III) The proprietor of M/S. Binapani Bharat Gas is also directed to revamp, the management process of the unit and warned not to behave, the customers in discourteous and adamant way and the schematic failure on part of distributor/dealer will be seriously viewed, if crop up in future.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 20TH DAY OF OCTOBER 2O14.
Sd/- Sd/- Sd/-
(S.Rath) (G.K. Rath) (P. Samantara)
Member Member President
