BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.432/2018

DATED ON THIS THE  24^th October 2019

Sri. M.C. Devakumar,

Member

The complainant has filed the complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties alleging deficiency in service and seeking a direction to pay the subsidy amount of Rs. 5,000/- and damages of Rs. 25,000/- towards the mental agony with such other reliefs.

2. The complainant submits that he has purchased 07 LPG cylinders between 20.04.2018 to 07.10.2018 from opposite party no.2 Gas Agency. Further alleged that the subsidy amount towards the purchase of LPG cylinders was not credited to his bank account but the same has credited to opposite party no.1 who on demand refused to pay the amount as such suffered mental agony. Hence the complaint seeking reliefs.

3. Despite the service of notice both the opposite parties remained absent hence, placed exparte.

4. To prove the facts the complainant filed his affidavit evidence and relied on 06 documents marked as exhibits P1 to P6. Heard the oral arguments of complainant and perusing the material on record posted for orders. 

5. The following points arose for consideration.

1. Whether the complainant establishes the deficiency in service by opposite parties for non payment of subsidy amount towards purchase of LPG cylinder and thereby he is entitled for the reliefs sought?
2. What order?

6. Our findings on the aforesaid point is as follows:

                    Point no.1: Partly in the affirmative

                   Point no.2: As per final order for the following

                                                                                Reasons

          7. Point No.1 :- The complainant alleged that the subsidy amount of Rs. 1,775.67/- towards purchase of 07 LPG cylinders for the period between 20.04.2018 and 07.10.2018 has not been credited to his bank account i.e., State Bank of India. Instead the said amount has been credited to opposite party no.1 i.e., Airtel company. On demand of the aforesaid amount opposite party no.1 refused to pay the amount as such he has suffered mental agony and hence, filed the complaint for the reliefs.

8.       The documents furnished by the complainant proved that the subsidy amount towards purchase of LPG cylinders has been credited to opposite party no.1 account by the India Oil Corporation Limited. In absence of any defence the forum presumes that opposite party no.1 has received the complainant’s subsidy amount and has refused to refund later. Thereby complainant proved the allegations against opposite party no.1 only and hence, the opposite party on.1 is liable to return back the subsidy amount to the complainant as such the complainant is entitled for the reliefs. Accordingly, the point no.1 is answered partly in the affirmative.

9. Point no.2:- In view of the above findings, the complaint filed by Sri. Kemparaju deserves to be allowed in part. Hence, we proceed to pass the following:

ORDER

1. The complaint is allowed in part.
2. The opposite party no.1 is hereby directed to refund Rs. 1,775.67/- to the complainant in 30 days. In default, the opposite party no.1 shall pay penalty of Rs. 100/- per month until payment made.
3. The opposite party no.1 shall pay damages of Rs. 2,000/- for the deficiency in service and unfair trade practice and Rs. 2,000/-towards litigation expenses to the complainant in 30 days. Failed to pay the opposite party no.1 shall pay interest at 10% p.a. on Rs. 4,000/- until payment made.
4. In case of default to comply this order, the opposite parties to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Furnish the copy of this order to the parties as per Rules.