Haryana

Kurukshetra

192/2018

Maan Singh - Complainant(s)

Versus

Goel Gass Agency - Opp.Party(s)

03 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

                                                                        Consumer Complaint No.192 of 2018.

Date of instt. 06.09.2018. 

                                                                        Date of Decision:03.02.2020.

 

Maan Singh son of Shri Ranjeet Singh, resident of House No.453, Ward No.30, Azad Nagar, Kurukshetra, Tehsil Thanesar, Distt. Kurukshetra. 

 

                                                                ……….Complainant.      

                                        Versus

 

1. Goyal Gas Agency, Jangra Dharamshala, Kurukshetra, District Kurukshetra through its proprietor/ owner.
2. Bharat Petroleum, the officials address of Bharat Gas Punjab and Lalru LPG Territory, BPCL, PO Tiwanan Avia Lalru village Alamgir Tehsil through its Chairman/ Managing Director/ Authorized Signatory.
3.  

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                         

Present:     Shri Devender Maan, Advocate for the complainant.       

 Shri Anand Garg, Advocate for the opposite parties.

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Maan Singh against Goyal Gas Agency and another, the opposite parties.

2.             It is stated in the complaint that complainant is the consumer of the ops vide consumer No.19818 and receiving Gas cylinder from the ops. That the subsidy amount of complainant was being deposited in Oriental Bank of Commerce, Kurukshetra in account no.01966010001580 as per scheme of Central Government regarding the above connection, but regarding the supply of gas cylinder on different 26 dates from 03.09.2016 to 09.01.2018 and onward, no amount of subsidy has been deposited in the above noted account of complainant by the OPs inspite of repeated demands and requests of complainant. The legal notice dated 13.6.2018 was also served in this regard to the OPs, but they did not listen the complainant, which amounts to deficiency on their part. Hence, this complaint.

3.             On notice, opposite parties appeared. Op no.1 filed written statement raising certain preliminary objections regarding no locus standi and cause of action, estoppal and concealment of true and material facts. It is submitted that in fact the complainant is having a domestic LPG connection with op no.1 vide consumer no.19818. There is a scheme launched by the Government of India namely Direct Benefit Transfer Scheme vide which subsidy is being given by the Government of India on 12 cylinder annually and accordingly the subsidy amount is being transferred directly by Government of India in the account of the entitled consumer. On 25.10.2016 at 11.15 p.m., the complainant opted an option for leaving the subsidy/given up the relaxation of subsidy on his gas connection by giving command from his registered mobile number 9996073574. The subsidy amount is being transferred directly by Government of India and the OPs have no role to play with the same. The subsidy amount varies from time to time. The subsidy amount was duly transferred in the account of the complainant on 18.4.2016, 26.5.2019, 8.7.2016 and 3.9.2016. Thereafter, as the complainant himself opted out the subsidy amount, therefore, no subsidy was transferred by the Government of India in the bank account of complainant after 25.10.2016. Upon receiving the notice dated 13.6.2018, the matter was taken up and the request was sent and accordingly the option or getting subsidy on gas connection was restored and complainant again started getting subsidy amount in his bank account from the Government of India. There is no correspondence or any complaint w.e.f. 3.12.2016 till notice dated 13.6.2018. There is a facility of message on the mobile of consumer. It is further submitted that there is no lapse on the part of ops and the complainant is now started getting the subsidy amount in his account w.e.f. 8.8.2018. The Government of India is a necessary party in the present complaint and the present complaint is bad for non joinder of necessary parties. On merits, it is submitted that neither the complainant ever requested for the refund of the subsidy amount nor ops are competent to give the subsidy amount for the period w.e.f. 25.10.2016 to 8.8.2018 and prayed for dismissal of complaint made.

                Op No.2 in its separate written statement also resisted the complaint on same grounds as taken by OP No.1.

4.             The learned counsel for complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C1 to Ex.C10. The learned counsel for the OPs has tendered affidavit Ex.RW1/A alongwith document Ex.R-1.

5.             We have heard learned counsel for the parties and have perused the case file carefully.

6.             The learned counsel for the complainant has reiterated all the averments mentioned in the complaint. He argued that the complainant is consumer of the OPs and receiving Gas cylinder from the OPs. The subsidy amount of complainant was being deposited in Oriental Bank of Commerce, Kurukshetra in account no.01966010001580 as per scheme of Central Government regarding the above connection, but regarding the supply of gas cylinder on different 26 dates from 03.09.2016 to 09.01.2018 and onward, no amount of subsidy has been deposited in his account by the OPs. He made repeated requests to the OPs, but all in vain.

7.             Contrary to it, the learned counsel for the OPs has also reiterated all the averments mentioned in the reply. He argued that on 25.10.2016 at 11:15 pm, the complainant opted an option for leaving the subsidy/given up the relaxation of subsidy on his gas connection by giving command from his registered mobile number 9996073574 and as such, the subsidy amount is being transferred directly by Government of India and the OPs have no role to play with the same. He further argued that upon receiving the notice dated 13.6.2018, the matter was taken up and the request was sent and accordingly the option or getting subsidy on gas connection was restored and complainant again started getting subsidy amount in his bank account from the Government of India.

8.             There is no dispute that the complainant is the consumer of the OPs vide consumer No.19818 and receiving Gas cylinder from the OPs. The dispute between the parties is with regard to the gas cylinder subsidy from 03.09.2016 to 09.01.2018. In this regard, the complainant alleged that he has not received the gas cylinder subsidy of 26 different dates from 03.09.2016 to 09.01.2018 by the OPs and in this regard, he written an application to the OP No.1 on 01.03.2017. When the OPs did not pay any heed to his repeated requests, then he served a legal notice on 13.06.2018 to the OPs. On the other hand, in this regard, the OPs contended that the complainant himself given-up the said subsidy from his registered mobile number. To support his contention, the OPs produced only document Ex.R-1 and from this document, it is evident that the complainant has received the last subsidy of said connection on 18.04.2016 and from 18.04.2016 to 09.01.2018, he has not received any subsidy amount. From this document, it is nowhere proved that the complainant has himself given up his subsidy, as contended by the OPs. So, the contention of the OPs has no force. Hence, the evidence adduced by the complainant goes unrebutted and unchallenged against the OPs. In the facts and circumstances of the case, we are of the considered view that by not providing the gas cylinder subsidy from 03.09.2016 to 09.01.2018 to the complainant, the OPs are deficient while rendering services to the complainant.

9.             In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OPs to pay the gas cylinder subsidy from 03.09.2016 to 09.01.2018 to the complainant, as per prevailing ratio during that period. The OPs are further directed to comply with the aforesaid directions jointly and severally within the period of 30 days from the date of preparation of certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:03.02.2020.                                                   (Neelam Kashyap)

                                                                        President.

 

(Issam Singh Sagwal),         (Neelam)       

Member                             Member.