Date of filing:- 16/01/2020. Date of Order/Judgement:-07/08/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 08 OF 2020
Nibedita Debta, aged about 34 years, W/o. Sanatan Debta, Occupation. Business, At. Present R/o. village and Po. Jhar, Ps. Sohella, Dist. Bargarh, permanent Resident of Ward No.1, Nigamananda Vihar, Bargarh, Po/Ps/Dist. Bargarh.
Complainant.
-: V e r s u s :-
(1) The Distributor M/S Priya Gas Sales and Service, At. Shop No.1, Bijaya Complex, N.H. 6,
Bargarh, Po/Ps/Dist. Bargarh, Pin 768028(Odisha).
(2) The Regional Officer, Bhubaneswar LPG Regional Office, HPCL, LPG Bottling Plant,
Kusumati Jatani, Dist. Khurdha (Odisha) Pin. 752050.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S.N. Mishra, Advocate with Associates.
For the Opposite Party No.1 & 2 :- :- Exparte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.07/08/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The case of the Complainant is that the Complainant is a bonafide Consumer of LPG bearing Consumer No. 612841 of HP Gas. The above HP Gas is Managed by the Opposite Parties. The Complainant fill up her cylinder with much hardship from the year 2017 with hope to refund of subsidy amount of Company. That, the subsidy amount of Complainant should disburse to her account bearing No. 47330201004308 of union Bank of India Chhuriapali Branch. The Opposite Parties never tried to release the subsidy amount in the account of the Complainant.
Being aggrieved, this Complaint was filed before this Commission.
- The Case of the Opposite Parties is that, the Opposite Party No.1 and Opposite Party No.2 did not appear before this Commission to file version, Hence both the Opposite parties are set exparte.
- Perused the documents filed by the Complainant and it reveals that the Complainant is a bonafide Consumer of the Opposite parties having Consumer No. 612841. The LPG Gas is being delivered to the Complainant from 21/07/2017 but the subsidy amount has been released.
Here, it is pertinent to refer to the decision of NCDRC Madan Lal Vs. Punsup Gas service and 2 others on 27 February 2017 and Chaudhury Ashok Yadav Vs The Rewari Central cooperative Bank and Anr Revision petition No. 4894 of 2012 decided on 08/02/2013 that a person seeking benefit of subsidy under a Scheme is not a Consumer as the subsidy is not a service under Consumer Protection Act. Hence, the above Complaint petition is dismissed.
Accordingly it is Ordered.
O R D E R
The Complaint is dismissed against the Opposite Parties. The Complainant is at liberty to file before appropriate court of law. Limitation will not be Bar to the Complainant.
Order pronounced in open court on this 07th day of Aug 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree,
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal) Dt.07/08/2023 Dt.07/08/2023
P r e s i d e n t M e m b e r (w)
