Date of filing : 22/12/2016
Order no. 10
The fact of the case according to the complainant, in brief, is that complainant is a consumer having consumer no.33187 and LPG ID No.37500000081941112. Complainant received a LPG cylinder on 13.08.2016 from the distributor M/s Arun Jyoti, 13 B. B. Ganguly Street, Kolkata-12, a IOC distributor and paid Rs.514/- against the receipt against order of the complainant dated 08.08.2016 but no subsidy has not been credited to the complainant. Complainant had written a letter to the o.p.2 requesting to arrange for crediting his savings a/c by the amount of subsidy provision for the month in favour of the complainant. But no action has been taken till the lodging of this complaint. Finding no other alternative complainant submitted the complaint praying direction upon the o.p. to give the subsidy amount in the SBI a/c no. 10263317152 of Mr. Asis Kumar Laha (complainant) with compensation of Rs.500/- for mental agony and harassment and litigation cost of Rs.1,000/-.
PR & TR shows that notice had been served upon o.p, but the o.p. did not appear in the Forum for participation in the proceedings. So, the case has been proceeded ex-parte against the o.p.
On the basis of the pleadings of the complainant following points are to be decided :-
- Whether there was any deficiency in service/unfair trade practice on the part of the o.p.s ?
- Whether the complainant will be entitled to get any relief as prayed for ?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of fact.
We have gone through the submission of the complainant and evidences on record. From the submission of the complainant it is evident that complainant is a consumer of LPG of IOC and he used to receive subsidy from 17.04.2015 to 08.06.2016 regularly through his savings a/c no.10263317152 with Rs.234.68 on 17.04.2015, Rs.229.18 on 20.05.2015, Rs.241.68 on 19.06.2015, Rs.224.18 on 20.07.2015 and latest on 08.06.2016 with Rs.155.32. But he had not got the subsidy against the delivery dated 13.08.2016. However, complainant was silent about the subsequent subsidies whether credited in his Bank a/c or not. Complainant has omitted to include SBI, Subodh Mallick Square Branch a party in this case, where he maintains his savings a/c for subsidy. Therefore no direction can be made addressing the concerned Bank. In the BNA complainant prayed for subsidy of Rs.88/- and complainant had already taken initiative in linking his Aadhar Card No.715636382678 with his Bank a/c. Finding no solution by knocking door of the gas distributor, Bank authority and the local offices of the op-1& op-2, complainant had somehow cherished the last hope of taking help of this social legislation by seeking adjudication in his favour. O.p.1/O.p.2 had not responded to the call of the consumer regarding his non-remittance of subsidy amount. It is very much undesirable that the complainant had to come to the Consumer Forum for a meager amount of subsidy. Thus there was deficiency in service on the part of the o.ps.
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly. Therefore, complainant will be entitled to get subsidy for the L P G delivered on 13.08.2016 with compensation and litigation cost from the o.ps. Thus all points are disposed of accordingly.
Hence, it is ordered.
that the case no. CC/527/2016 is allowed ex-parte with cost against the o.p.s. The o.p.s are, jointly and/or severally directed to pay a sum of Rs. 88/- (Rupees eighty-eight) only or the entitled amount to the complainant along with compensation of Rs.100/- (Rupees one hundred) only for harassment and mental agony and litigation cost of Rs.1,000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
