Punjab

Faridkot

CC/19/138

Mangal Singh - Complainant(s)

Versus

Jain Gass Agency - Opp.Party(s)

In person

19 Nov 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :          138 of 2019

Date of Institution :      24.05.2019

Date of Decision :        19.11.2019

Mangal Singh son of Jeon Singh resident of Village Kila Nau, Tehsil and District Faridkot.

Versus

 

1. Proprietor, Jain Gas Agency, Line Bazar, Faridkot, Tehsil and District Faridkot.
2. Manager, Punjab National Bank, Near Jublee Cinema,  Faridkot, Tehsil and District Faridkot.
3. Manager, State Bank of India, Branch Circular Road, Faridkot.                

..........OPs

 

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

                                         

Quorum:     Sh Ajit Aggarwal, President,

Smt. Param Pal Kaur, Member.

 

Present:       Sh Mangal Singh, Complainant in person,

                     Sh Sunil Chawla, Ld Counsel for OP-1,

 Sh Yash Pal Bansal, Ld Counsel for OP-2,

 Sh Sunil Kumar, Chief Manager on behalf of OP-3.

ORDER

(Ajit Aggarwal, President)

                                      

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                                     Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to them to credit the subsidy amount pertaining to his gas connection in the account of complainant with OP-2 bank and for further directing OPs to pay Rs.50,000/-on account of compensation for harassment and mental agony suffered by her besides litigation expenses.

2                                                Briefly stated, the case of the complainant is that he has got released a domestic gas connection bearing no.SP-19462 from OP-1 and he has been using said connection since 30.04.2004 and as per instructions of Government and on demand of  OP-1, complainant gave his account number to OP-1 for the purpose of obtaining subsidy in his account. Complainant has saving bank account number 0168000100315429 in Punjab National Bank, Near Jublie Cinema, Faridkot and he gave photocopy of his account number to OP-1 but despite furnishing all details regarding his account with Punjab National Bank, subsidy of gas charges was not credited in his account by OP-2. Complainant approached OP-1 and reported regarding non receipt of subsidy in respect of his gas connection in his account with OP-2, OP-1 told him that subsidy is being credited in the account of Mangal Singh. Complainant made thorough verification in all banks of Faridkot and found that subsidy on account of his gas connection was being released in the name of one another Mangal Singh who was having account in OP-3 State Bank of India. Complainant again approached OP-2 and OP-3 with

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request to credit the same in his name in his account with OP-2, but they kept lingering on the matter and did not do anything needful. On 27.04.2019, subsidy was again credited in account of another Mangal Singh having his bank account with OP-3 though complainant has account with OP-2 bank. Complainant made several requests to all OPs to correctly credit the subsidy amount in respect of his gas connection in his account with Punjab National Bank, but they have been wrongly depositing the subsidy amount of complainant in the account of someone else having account in OP-3 bank. Repeated requests made by complainant to OPs to correct the wrong done by them bore no fruit. All this act and conduct of OPs has caused huge harassment and financial loss to him, which amounts to deficiency in service and unfair trade practice on the part of OPs. Complainant also prayed for compensation and litigation expenses along with main relief. Hence, the complaint.

3                                                        Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 29.05.2019, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                              On receipt of the notice, OP-1 filed written statement wherein asserted that complaint filed by complainant is entirely misconceived, groundless and unsustainable in the eyes of law and is liable to be dismissed. It is averred that answering OP have been wrongly and unnecessarily impleaded by complainant in the array of OPs

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as they have no connection, intervention or fault in the alleged dispute of complainant regarding deposit of his subsidy amount in his bank account. It is averred that complainant himself gave his adhaar card to bank, who related his adhaar card with his account and it is the company/state which deposit the subsidy amount in the bank account directly and there in fault on the part of answering OP. however, on merits, It is admitted that subsidy scheme was started by government and it is also admitted that they provided connection number of complainant to company to deposit subsidy in his account. Complainant himself furnished adhaar card to bank to connect his account with his adhaar card and answering OP has no intervention or connection with deposit of subsidy or getting opened the bank account of complainant. it is also admitted that complainant informed them regarding non receipt of his subsidy in his account and on enquiry it was found that bank was depositing the subsidy amount of complainant in the account of said Mangal Singh and it was due to mistake by the official of Bank who related the adhaar card of said Mangal Singh with the account of complainant and answering OP has no fault in it. All the other allegations are denied being wrong and incorrect and prayer for dismissal of complaint with costs is made.

5                                            OP-2 filed reply taking preliminary objections that this Forum has no jurisdiction to hear and try the present complaint and complaint involves complicated questions of law and facts

 

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requiring voluminous evidence, which is not permissible in the summary proceedings of this Forum. Answering OP has been wrongly impleaded as party by complainant and there is no deficiency in service on its part. however, on merits, ld counsel for OP-2 admitted before the Forum that complainant hold an account bearing number 0168000100315429 in their bank, but have denied all the allegations of complainant being wrong and incorrect. Prayer for dismissal of complaint with costs is made.

6                                        OP-3 also filed written statement taking preliminary objections that answering OP has been unnecessarily impleaded as party in the present complaint and even complainant is not their consumer. There is no deficiency in service on the part of answering OP as on receipt of information regarding non receipt of subsidy by complainant, OP-3 after checking their record, deactivated the subsidy linking of said account and remaining work of crediting the subsidy in the account of complainant was to be done by OP-1. They have done their part of duty. On merits also OP-3 reiterated that on receipt of information regarding non receipt of subsidy in his account, OP-3 checked their record and on finding the request of complainant being genuine, it immediately deactivated the subsidy linking in said account and advised him to provide the details of gas bookings and subsidy provided by gas agency in writing to the bank, which complainant failed to provide and never visited their bank again. However, after enquiry at their own level came to know that complainant booked five LPG cylinders during the period from

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16.10.2017 to 3.05.2019 under his gas connection and five subsidy credits worth Rs.1338.95/- were afforded in the account number 6524689631 of Mangal Singh son of Balvir Singh from 16.10.2017 to 3.05.2019. After verification from OP-1 Jain Gas Agency and from their own record, all these subsidy entries were credited in the account of  complainant in the Punjab National Bank, Faridkot on 5.07.2019. All the other allegations are denied being wrong and incorrect and it is reiterated that there is no deficiency in service on the part of OP-3 and prayed for dismissal of complaint with costs.

7                                          Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-6 and then, closed his evidence.

8                                       In order to rebut the evidence of the complainant, Counsel for OP-1 tendered in evidence affidavit of Sanjeev Pal Ex. OP-1/1 and documents Ex OP-1/2 to Ex OP-1/6 and then, closed the evidence on behalf of OP-1. Ld Counsel for OP-2 tendered in evidence affidavit of Satinder Singh Bedi Ex OP-2/1 and then, closed the same on behalf of OP-2. Sunil Kumar, Chief Manager of State Bank of India, Faridkot tendered in evidence his duly sworn affidavit Ex OP-3/1 and documents Ex OP-3/2 to Ex OP-3/3 and then, also closed the evidence on behalf of OP-3.

 

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9                                  From the careful perusal of record and evidence and documents placed on record by respective parties, it is observed that grievance of complainant is that he has been using domestic gas connection released by OP-1 since 30.04.2004 and as per new instructions of Government regarding subsidy complainant gave his bank account number alongwith adhaar card to OP-1 for the purpose of obtaining subsidy in his account. His saving bank account is in Punjab National Bank, and he also gave photocopy of his adhaar card to OP-1 but despite furnishing all details regarding his account with Punjab National Bank, subsidy of gas charges was not credited in his account by OP-2. He reported the matter regarding non receipt of subsidy in respect of his gas connection to OP-1 and OP-2, but nothing fruitful was done by them. After verification from all banks of Faridkot, he found that subsidy on account of his gas connection was being released in the name of one another Mangal Singh who was having account in OP-3 State Bank of India. Complainant again approached OP-1, OP-2 and OP-3 and requested them to credit the his subsidy amount in his account with OP-2, but they did not pay any heed to his requests. All this amounts to deficiency in service and trade mal practice on the part of OPs. He has prayed for accepting the present complaint and stressed on documents Ex.C-1 to Ex C-6. In reply, OP-1 took main plea that they have no role in releasing subsidy and matter is between complainant and OP-2 bank who wrongly

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credited his subsidy amount in the account of some other person. Bank is liable to relate bank account of complainant with his adhaar card and there is no deficiency in service on their part. OP-2 admitted before the Forum that complainant holds an account bearing number 0168000100315429 in their bank and it is also admitted that subsidy of gas connection of complainant was being released in SBI account of some other Mangal Singh. On the other hand, OP-3 argued that on receipt of information regarding non receipt of subsidy by complainant, OP-3 checked their record and found that complainant booked five LPG cylinders during the period from 16.10.2017 to 3.05.2019 under his gas connection and five subsidy credits worth Rs.1338.95/- were afforded in the account number 6524689631 of Mangal Singh son of Balvir Singh from 16.10.2017 to 3.05.2019. After verification from OP-1 Jain Gas Agency and from their own record, all these subsidy entries were credited in the account of  complainant in the Punjab National Bank, Faridkot on 5.07.2019. OP-3 deactivated the subsidy linking of said account, but remaining task of crediting the subsidy in the account of complainant was to be done by OP-1. They have done their duty well  and there is no deficiency in service on their part. prayer for dismissal of complaint is made.

10                                            To prove his pleadings, complainant has placed on record document Ex C-3 that clears his grievance that subsidy pertaining to gas connection number 19462 of complainant was being credited in the name of Mangal Singh son of Balvir Singh in his account

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no.xxxxx9631 lying with State Bank of India/OP-3 though complainant Mangal Singh son of Jeon Singh has bank account in the Punjab National Bank OP-2, but OPs have been wrongly crediting his subsidy in the account of some other Mangal Singh son of Balvir Singh. Document Ex C-4 further proves his grievance that against adhaar card number 244362981405 of complainant, account no.xxx9631 of  Mangal Singh son of Balvir Singh is written and not of complainant Mangal Singh son of Jeon Singh. Ex C-5 is copy of outer leaf of bank passbook of complainant that reveals that account number of complainant is 016800 0100315429 and he holds this account in Punjab National Bank/OP-2, but OPs have been wrongly crediting the subsidy amount of his gas connection no.19462 in State Bank India account of some another Mangal Singh. Ex C-6 copy of gas connection book of complainant that shows that his gas connection number is 19462 but OPs have been incorrectly depositing subsidy in respect of his gas connection to account of someone else. Complainant has produced sufficient and cogent evidence to prove his case and all the documents placed on record by complainant are authentic and are beyond any doubt. It is observed that there is clear cut deficiency in service on the part of OPs in not crediting the subsidy amount in respect of gas connection of complainant in his account lying in Punjab National Bank and there is huge negligence in crediting his subsidy amount in the account of another person who is having account with State Bank of India. In the light of aforementioned  documents, there remains

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no doubt that gas connection subsidy of complainant is being credited in the account of one another Mangal Singh having his account in State Bank of India and not in the account of complainant who holds account with Punjab National Bank. It is observed that OP-1 Jain Gas Agency has been negligent in providing detail regarding gas connection number of complainant and his bank account with OP-2 Punjab National Bank, due to which Gas Company/State subsidy has been wrongly depositing in the account of some other person having same name like complainant. moreover, when complainant brought this matter into the notice of all OPs and also complained and requested for crediting his subsidy in his own account in Punjab National Bank, OP-1 did not instruct OP-3 to stop crediting the subsidy in the account of another Mangal Singh son of Balvir Singh and also did not correct their record and record of gas company to credit the subsidy in right account. Had OPs been cautious in performing their duties and have carefully checked and tallied the name, particulars and bank account details of complainant and other person, complainant would not have suffered harassment and mental agony on the part of OPs.

11                                     From the above discussion and evidence placed on record by opposite parties, it is observed that there is deficiency in service on the part of OPs. Hence, complaint in hand is hereby allowed with directions to OP-1 to provide exact detail regarding gas connection number and account number of complainant with OP-2 to the gas

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company and OP-2 is directed to credit the subsidy in respect of gas connection of complainant to his account maintained with them and OP-3 is warned for not crediting subsidy of complainant in the account of someone else. OP-1 is further directed to pay Rs.5000/-to complainant as compensation for harassment and mental agony suffered by him alongwith Rs.3000/-on account of litigation expenses incurred by him on present complaint. Compliance of this order be made within 30 days of receipt of the copy of the order, failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act.  Copy of the order be supplied to parties free of costs as per law. File be consigned to record room.

Announced in open Forum

Dated: 19.11.2019

 

(Param Pal Kaur)                    (Ajit Aggarwal)

 Member                        President