Order dictated by:
Smt.Bhupinder Kaur, Member
1. The complainant has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 on the allegations that the Complainant is holder of gas connection bearing No. 606017 and use to get supply from the Opposite Party regularly and hence, the Complainant is consumer of the Opposite Party, copy of the gas copy is enclosed. It is the case of the Complainant that he has bank account in Punjab National Bank, Moga, photo copy of the pass book is enclosed. As per the policy of the government, a subsidy on the gas connection is to be credited in the account of the consumer directly. The Opposite Party has supplied the gas supply for the period in April to October, 2017 and the subsidy amount is to be credited into the account of the Complainant. But the Opposite Party has got credited the subsidy amount for the period from April, 2017 to October, 2107 in the account of Ranjit Kaur wife of Avtar Singh illegally and unjustly. Said mistake has been done due to negligence and carelessness on the part of the Opposite Party, although the account statement was supplied by the Complainant to the Opposite Party. Hence the Complainant is entitled to get the amount of subsidy in his account. The Complainant approached the Opposite Party to get the amount in question, but to no effect. Due to the aforesaid illegal and unwarranted acts of the Opposite Party, the Complainant has suffered huge mental tension and agony and hence, the Complainant also claims a sum of Rs.20,000/- as damages for mental tension and harassment and agony. The Opposite Party was asked many a times to pay the remaining amount of claim, but the Opposite Party has refused to admit the rightful claim of the Complainant. Vide instant complaint, the complainant has sought the following reliefs.
- To direct the Opposite Party to refund the subsidy of Rs.177.86 paisa, Rs.177.86 paisa, Rs.132.22 paisa, Rs.65.65 paisa, Rs.108.44 paisa, Rs.210.93 paisa, Rs.304.68 paisa for the period with effect from 18.4.2017 till 26.11.2017 and to credit the same for the next months in the account of the Complainant. The above said amount of subsidy has been credited into the account of one Ranjit Kaur wife of Avtar Singh by the Opposite Party illegally unjustly and to pay Rs.20,000/- as compensation for causing him mental tension, harassment and agony to the Complainant and to grant any other relief to which this Forum deems fit and proper.
Hence, this complaint.
2. Upon notice, Opposite Party has refused to accept the notice of this Forum, and as such, the Opposite Party was ordered to be proceeded against exparte vide order dated 30.04.2018 of this Forum.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of pass book of Punjab National Bank Ex.C2, copy of gas connection of the Complainant Ex.C3, copy of Refill Data for the financial year 2017-2018 (Consumer Information Portal) Ex.C4, copy of Aadhar Card Ex.C5 and closed the exparte evidence.
4. We have heard the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the Complainant is holder of gas connection bearing No. 606017 and use to get supply from the Opposite Party regularly and hence, the Complainant is consumer of the Opposite Party, copy of the gas copy accounts for Ex.C3. It is contended by the Complainant that he has bank account in Punjab National Bank, Moga, photo copy of the pass book accounts for Ex.C2. As per the policy of the government, a subsidy on the gas connection is to be credited in the account of the consumer directly. The Opposite Party has supplied the gas supply for the period in April to October, 2017 and the subsidy amount is to be credited into the account of the Complainant. But the Opposite Party has got credited the subsidy amount for the period from April, 2017 to October, 2107 in the account of Ranjit Kaur wife of Avtar Singh illegally and unjustly. Said mistake has been done due to negligence and carelessness on the part of the Opposite Party, although the account statement was supplied by the Complainant to the Opposite Party. Hence the Complainant is entitled to get the amount of subsidy in his account. The Complainant approached the Opposite Party to get the amount in question, but to no effect. Due to the aforesaid illegal and unwarranted acts of the Opposite Party, the Complainant has suffered huge mental tension and agony and hence, the Complainant also claims a sum of Rs.20,000/- as damages for mental tension and harassment and agony. It is further contended that the Opposite Party was asked many a times to pay the remaining amount of claim, but the Opposite Party has refused to admit the rightful claim of the Complainant. The evidence produced by the complainant has gone unrebutted on record as the Opposite Party, despite due information, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint. The complainant has sought for direction from the Opposite Party to refund the subsidy of Rs.177.86 paisa, Rs.177.86 paisa, Rs.132.22 paisa, Rs.65.65 paisa, Rs.108.44 paisa, Rs.210.93 paisa, Rs.304.68 paisa for the period with effect from 18.4.2017 till 26.11.2017 and to credit the same for the next months in the account of the Complainant. The above said amount of subsidy has been credited into the account of one Ranjit Kaur wife of Avtar Singh by the Opposite Party illegally unjustly and to pay Rs.20,000/- as compensation for causing him mental tension, harassment and agony to the Complainant and to grant any other relief to which this Forum deems fit and proper.
6. In view of the aforesaid facts and circumstances of the case, the instant complaint is allowed exparte and the Opposite Party is directed to refund the subsidy of Rs.177.86 paisa, Rs.177.86 paisa, Rs.132.22 paisa, Rs.65.65 paisa, Rs.108.44 paisa, Rs.210.93 paisa, Rs.304.68 paisa for the period with effect from 18.4.2017 till 26.11.2017 (as fully clarified in Consumer Information Portal, Refill Data for the financial year 2017-2018 Ex.C4, and also to credit the amount for the next months thereafter in the account of the Complainant, as applicable. Opposite Party is also directed to pay Rs.10,000/- (Rs.Ten thousands only) to the Complainant on account of compensation for causing him mental tension, and harassment. Opposite Party is granted one month time to comply with this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Forum. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
