Delhi

North East

CC/33/2018

Mohammad Rehan Malik - Complainant(s)

Versus

Central Bank of India & Ors. - Opp.Party(s)

13 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 33/18

 

In the matter of:

 

	Mohd Rehan Malik	Complainant
	Versus
	Central Bank of India and Ors.	Opposite Parties

 

Dated: 13.02.2019

 

 

Order on Application of OP2 as well as complaint

1. The present complaint pertains to grievance of complainant against non connection of his bank account bearing no. 3310462565 held with OP1 with Aadhar Card resulting in non credit / non transfer of Gas Subsidy amount for gas services vide gas connection no. 7101132198 availed by complainant from OP2, his dealer / distributor and OP3 being the main supplier/ owner of the LPG gas Indane. The complainant has admitted and placed on record the online bank linking status report which clearly shows that his Aadhar number is linked with OP2 and OP3 but not with OP1 and therefore vide the present complaint has prayed for issuance of directions against OPs to connect his bank account and Aadhar card for receiving subsidy amount as per the scheme of Government of India.
2. Written statement was filed by OP2 and OP3 to the complaint. Rejoinder and evidence were filed by the complainant thereto as also evidence by way of affidavit by OP3, the details of which are not being produced here since the preliminary issue of maintainability of complaint has to be decided before it be dealt on merits if at all.
3. In the interim, OP2, the gas agency moved an application under Section 26 of CPA for dismissal of the present complaint as being frivolous / vexatious on grounds that deficiency, if any was on the part of OP1 i.e. CBI as OP1 has not linked the Aadhar card of complainant with his account maintained with it and it was a duty of complainant to get his Aadhar linked with OP1 as OP2 and OP3 are confined to gas connection services as per instruction of Government of India and Government of Delhi and are not connected with Aadhar linking. OP2 applicant further urged that it is complainant’s own allegation in his complaint that OP1 has failed to connect his Aadhar card with his account for which reason the gas subsidy could not be received by him and that his Aadhar number was already linked with OP2 and OP3 as can be seen online as per his own averment and therefore prayed for dismissal of the complaint. OP2 lastly argued that there was no provision in CPA to involve proforma party in litigation without any fault / deficiency on its part.
4. Reply to the said application was filed by the complainant in which there was no specific allegation levelled against OP2 except it being authorized dealer of LPG domestic gas and that on its direction the complainant has submitted his Aadhar card with OP1 on 08.12.2015 but still did not receive his gas subsidy through OP1 even though the online search clearly showed that Aadhar number is linked with OP2 and OP3 as “YES” and with OP1 as “NO” which has caused irreparable loss to the complainant giving rise to the present complaint.
5. We have heard the arguments addressed by counsel for the complainant and counsel for OP2 and no specific grievance could not spelled out by the complainant qua OP2.

The main issue which has to be decided in the present case is whether gas subsidy issue, non credit of which in the complainant’s account has given rise to the present complaint due to non linking of Aadhar comes within the ambit of Consumer Protection Act or not. The gas subsidy amount which was initiative of the current Government in 2014-15 is sent directly to the bank account of the consumer by the Ministry of Petroleum of Natural Gas, hence local dealer and local bank have very limited role and therefore in our view no deficiency of service can be attributed to the OPs in such a situation. We are guided by the judgment of Hon’ble National Commission in Gauri Devangan Vs Priyadarshini Gas Agency and Anr III (2018) CPJ 293 (NC) passed on 25.06.2018 in which the Hon’ble National Commission, while dealing with a grievance of non credit of gas subsidy in bank account in which the district Forum Raigarh had directed the gas agency and bank to pay the gas subsidy amount and appeal preferred against the said order was allowed by State Commission Chattisgarh on grounds that disbursement of subsidy was responsibility of Ministry and Petroleum and Natural Gas, had held that person claiming subsidy is not a consumer under the consumer protection act as held by Hon’ble Commission itself in its earlier judgment of Chaudhary Ashok Yadav Vs The Rewari Central Co-Operative Bank and Anr. I (2013) CPJ 668 (NC) decided on 08.02.2013 wherein it had held that a person seeking benefit of subsidy under a scheme is not a ‘consumer’, as the subsidy is not a service within the meaning of Section 2 (1) (o) of Consumer Protection Act and his remedy does not lie under CPA by filing a complaint and that he can seek relief from a Civil Court or some other Forum as per law thereby holding the complaint as non maintainable.

Applying the ratio and the settled proposition of law in the aforementioned judgment of Hon’ble National Commission in the present case since the same also pertains to non credit of gas subsidy in bank account of complainant due to non linking of Aadhar, the same being outside the ambit of Consumer Protection Act, the complaint is dismissed as not maintainable and application of OP2 is accordingly disposed off with the said order.

6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member