Karnataka

Gadag

CC/27/2014

Chandrakant G Shet - Complainant(s)

Versus

Manager. Vijay Enterprises, Indian Gas Distributors - Opp.Party(s)

B.N.Saunshi

06 May 2016

ORDER

JUDGEMENT DELIVERED BY

SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT:

The complainant has filed this Complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 of Consumer Protection Act, 1986 alleging deficiency in service against OPs. 

 

2.    The brief fact of the case is that the OP No.1 is the Distributor of Indian Gas which runs under the name and style Vijaya Enterprises, the Complainant is the customer of OP No.1 under the Customer No.3383 and he is obtaining the service of the OP from 1993, recently as per the Govt. guidelines to receive the subsidy of L.P.G. directly to the Bank Account, the Complainant has furnished the bank account number of State Bank of India S.B. Account No.33348880484 and ADHAR Number Card bearing 491557977653 to seed the ADHAR Number to the Complainant Account, it is the duty of OP No.1 to make the subsidy credited to the Complainant account by not doing so, the Ops have committed deficiency in service. The subsidy of L.P.G. had been credited to some other account which is not consent to the Complainant, Account number being 004858 ALAMPUR XXX48. The detail of the subsidy credited as follows:   

Sl.No.	Dated	In Rs. Ps
1.	25.11.2013	435=00
2.	29.01.2014	549=75
3.	09.01.2014	833=41

 

The LPG purchased from OP No.1 by the Complainant as follows:

Sl.No.	Order No.	Amount deposited in Rs. Ps
1.	2000047370	984=00
2.	2000058513	1,259=00
3.	2000068125	1,168=50

 

3.     The above subsidy serially number as 1 to 3 should be credited to the Complainant Account, the same had been informed to the OPs and requested to rectify the problem. But the Ops have not responded hence the Complainant had approached the lead bank to rectify a problem, the lead bank had instructed to OP No.2 to rectify the same, but the Ops failed to do so.

 

4.      The predecessor on seat registered the Complaint and notices were ordered as such the OP No.1 and 2 appear before this Forum through their Advocates and OP No.1 filed his written version of his side.

                                                                       Brief facts of the Written Version of OP NO.1:

The OP No.2 had admitted that the Complainant hold the account bearing No.33348880484 for which he has linked ADHAR Card to obtained the subsidy of L.P.G. But he had denied all other allegation made in Complaint.

 

5.      The ADHAR Card number had been linked to the Complainant’s Account, but it is the duty of the OP No.1 to forward the documents to obtain the LPG subsidy. Further, OP No.1 had denied that the subsidy of the Complainant had been credited to some other account bearing No.0048458 ALAMPUR XXX48. But this account is no way connected to the Complainant.

 

6.      The detailed furnished by the Complainant regarding the subsidy amount credited to some other account is no way connected with the Bank (OP No.2). Further, the OP No.2 had stated that on 06.03.2014 they had given sufficient reply to the lead bank in this matter. As per the Complainant’s allegation OP NO.1 and 2 had not committed any deficiency in service.

 

7.      The subsidy provided by the Central Government, the bank OP No.2 had no any legal connection in this matter. The duty of OP No.2 is only to link the ADHAR Card number ot the account number. The OP NO.2 had stated that they have performed their duties accordingly. Hence, the Complainant had unnecessarily made the party to the proceeding. Hence, OP has prayed to dismiss the Complaint against the OP NO.2 with cost of Rs.25,000/-. 

 

8.      In background of the above said pleading, the Complainant himself examined before this Forum as CW-1 and got marked the document as EX P1 to EX. P13 are as follows:

EX-P1 to P3 – Receipts 

EX-P4- Receipt

EX-P5- Postal Acknowledgement

EX-P6- Computer generated Statement

EX P7- Notice                       

Ex P8 –Postal Receipt

Ex P9 & P10 – Department of Post Acknowledgement.

EX P11 – Bank Account Book.

EX P12 – Election Identity Card

EX P13 – ADHAR Card

 

On the other hand, OP No.1 filed his written version and 02 documents have been marked as EX OP1-1 and OP2, but OP No.1 is not paid a cost. Hence, it cannot be considered. OP No.2 filed his affidavit and 01 document has been furnished for the defence which is marked as EX OP2-1. On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudication as follows:   

 

1.	Whether the Complainant proves that there is deficiency in service on the part of OPs?
2.	What Order?

 

Our Answer to the above Points are:-

Point No.1 – Negative,

Point No.2 – As per the final order.

 

9.      On consideration of pleading, objection, evidence, documents and arguments of the parties, we answer the above points as under:

                                                                        R E A S O N S

 10.  POINT NO.1:  It is the case of the Complainant that he is the customer of OP NO.1 from whom he is purchasing L.P.G. cylinder and holds a Savings Bank Account in OP No.2’s Bank. These are the undisputed facts from the Ops. The Complainant had alleged that he had linked his ADHAR Card number to his account number. On purchasing the LPG cylinder from OP No.1, the subsidy had been credited to some other account bearing No.005848 ALAMPUR XXX48.Further the Complainant alleged that it is the duty of the OP NO.1 and 2 to make the subsidy credited to Complainant’s account. The OP NO.2 had admitted that the Complainant holds an account bearing No.33348880484. The ADHAR Card number of the Complainant had been linked the account number. The documents submitted by OP No.1 for the direct transfer of the subsidy had been received by the OP No.1 and the same had been acknowledged by him. Further, the Complainant had alleged that the subsidy which has to be credited to his account had been wrongly credited to the other account.

 

11.         On carefully going through the records the documents marked as EX P1 to P3 as cash receipts issued by the OP No.1 on purchase of the LPG cylinder, these clearly establishes that the Complainant is the consumer of the OP No.2 as alleged by the Complainant that the subsidy amount had wrongly credited to some other account. In this support, the documents marked as EX P6. That Computer generated receipt clears that the name address, ADHAR Number are as same as the Complainant had stated in his Complaint. But, this document shows that the subsidy amount is credited to the account No.ALAMPUR XXX48 of State Bank of India. The Account number of the Complainant is 33348880484, but the bank officials (OP No.2) had refused that this account number does not exists.

 

12.         The subsidy amount of the LPG is credited directly to the beneficiaries account by Central Government. But OP No.1 and 2 just play a role of mediator in this case just the duty is to seed the ADHAR Number to their respective account and forward the documents furnished by the beneficiaries. Apart from this, the Complainant had received the subsidy amount to the account no. stated in the Complaint previously. The Complainant had failed to search that the account No.ALAMPUR XXX48 of State Bank of India belongs to whom. Why should we do not thing that this account number also belongs to Complainant. In some other branch of OP No.2 where the same ADHAR number had been linked so that subsidy amount had also credited to the Complainant account in some other branch. Hence, the Complaint had utterly failed to prove that Ops have committed deficiency in service. Hence, we answer the Point No.1 is in negative.  

 

  13.         POINT NO.2: For the reasons and discussion made above and finding on the above points, we proceed to pass a following:  

 

//ORDER//

        1.   This Complaint is dismissed. No Order on costs.

2.  Send a copy of Order to the Complainant and OP No.2 free of costs and to OP No.1 by collecting copying charges for Order copy.  

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 06^th day of May, 2016)

 

 

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