IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of October, 2017
Filed on 01..06..2017
Present\
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt. Jasmine D (Member)
in
C.C.No.146/2017
between
Complainants:- Opposite Parties:-
Sri. Babu 1. Manager
Medeveli Thiruvonam Indane Services
Mayithara P.O., Cherthala-688539 Mararikkulam North.P.O, Alappuzha
2. Indian Oil Corporation Ltd.
Kerala State Office Cochin
(By Adv. M/s Menon & Pai )
3. District Supply Officer
District Supply Office
Civil Station ,Alappuzha
4. Taluk Supply Officer
Taluk Supply Office, Cherthala
5. Manager
Fedral Bank
Mararikkulam Branch
Mararikkulam
(Adv.Bincy Joseph)
6. Manager
S.B.T. Cherthala Branch
X-Ray Bye Pass Junction, Cherthala
O R D E R
SMT. JASMINE D. (MEMBER)
Complainant is a consumer of the 1st opposite party. At first the complainant’s father has availed a gas connection from Gurukripa Gas agency, Thalavadi. Later the complainant has transferred the gas connection from Gurukripa Agency, Thalavady to 1st opposite party. There after the 1st opposite party has delivered gas cylinders to the complainant, but the complainant is not getting LPG subsidy and the same was intimated to the 1st opposite party many times and requested to make necessary arrangements for getting the subsidy amount. 1st opposite party informed the complainant that he is not getting the subsidy only because the Adhaar no was not linked with the bank. There after the complainant linked the Adhaar with the bank. Even after linking Adhaar with the bank also, the complainant is not getting the subsidy. When informed to the 1st opposite party he insisted the complainant to take another bank account and accordingly complainant opened a new account with the 5th opposite party and the Adhaar was also linked. But the complainant is not received the subsidy amount so far. Complainant sustained much mental agony and hence filed this complaint.
2. Notice were served to the opposite parties. 1st opposite party did not filed version. Hence 1st opposite party was set expartie. Opposite party 2,3,4, and 5th filed version, 6th opposite party represented before the Forum.
3. Version of the 2nd opposite party is as follows:-
Complaint is not maintainable the complainant suppressed materials facts before the Forum and approached the Forum with unclean hands. It is submitted that as per the prevailing guidelines issued by Ministry of Petroleum & Natural Gas, every customer has to link their Adhaar card with bank for availing LPG subsidy. It is observed that the distributor, M/s Thiruvonam Gas, the 1st opposite party herein has already linked the Adhaar of the complainant with LPG ID, However the same not been linked with the bank. There is no deficiency in service or unfair trade practice on the part of the 2nd opposite party. The relationship between 2nd opposite party and the 1st opposite party is on principal to principal basis and the 2nd opposite party no way liable for any negligence act from the side of the 1st opposite party. Complaiannt will be eligible in receiving the subsidy only for linking to Adhaar card with the bank. The relief said by the complainant the base less. The allegation of the complainant with the 2nd opposite party along with another opposite parties are liable to reimburse the subsidy amount Rs.2,100/- due to the complainant this opposite party is not liable to compensate the complainant and hence the complaint may be dismissed.
3. Version of the 3rd opposite party is as follows:-
Complainant is not filed any complaint before 3rd opposite party and the alleged matter is between the complainant, the 1st opposite party and the bank. This opposite party has no role in the alleged dispute and they may be exonerated.
4. Version of the 4th opposite party is as follows:-
Complainant is not filed any complaint before 4th opposite party and the alleged matter between the complainant with the 1st opposite party and the bank. 6th opposite party is no role in the alleged dispute and they may be exonerated change.
5. Version of the 5th opposite party is as follows;-
The complaint is not maintainable. It is admitted that complainant is linked Adhaar with the bank. It is the duty of the 1st opposite party to make arrangement for getting the subsidy amount to the complainant. There is no deficiency in service on the part of the 5th opposite party. Complainant is not entitled to get relief against this opposite party
6. Considering the allegations of the complainant the forum has raised the following issues:-
1) Whether there is any deficiency in service or negligence on the part of the
opposite parties?
2) Whether the complainant is entitled to get the relief sought for?
7. Issues 1 and 2:-
The case of the complainant is that the complainant’s father has availed a gas connection from Gurukripa Gas agency, Thalavady. After the death of his father the gas connection was transferred to the name of the complainant and later the complainant transferred the gas connection from Gurukirpa Agency to 1st opposite party. According to the complainant he availed gas cylinders from 1st opposite party many times, but the LPG subsidy amount was not been credited to his account. The complainant approached the 1st opposite party many times to get the subsidy amount but the amount has not been received so far. Hence filed this complaint.
Complainant filed proof affidavit and Ext.A1 to Ext.A6 were marked. Ext.A1 is the voucher. Ext.A2 copy of LPG Gas connection card and refill receipt. Ext.A3 series delivery receipts. Exts.A4 is the copy of bank passbook of SBI. Ext.A5 Copy of bank pass book Fedral bank. Ext.A6 is the delivery receipt. Ext.A7 is the copy of message. On a perusal of affidavit and other documents produced by the complainant reveals that the case of the complainant is genuine. From the Ext.A7 documents it can be seen that the complainant’s saving bank account with the 6th opposite party bank is linked with Aadhaar and from the version of 5th opposite party it is clear that the complainant bank account with 5th opposite party bank is also linked with Adhaar. So the contention of the 2nd opposite party will not sustain. According to the complainant even though the complainant intimated the 1st opposite party many times that he is not getting LPG Subsidy and his aadhaar has been linked to the bank. The 1st opposite party has not made any earnest effort to redress the grievance of the complainant. Though notice was served to the 1st opposite party they did not appear before the Forum. This itself shows their negligence and irresponsible attitude. On going through the entire evidence on record we cannot see any deficiency in service on the part of the opposite party 3 to 6. So we cannot held opposite party 3 to 6 for any deficiency in service. On a perusal of the entire documents the Forum convinced that there is deficiency in service on the part of the opposite party 1 &2 and the complainant is entitled to get the relief. The grievance of the complainant having been met adequately we retrain from awarding compensation. However the complainant is entitled to get the cost of the proceedings, since the complainant was dragged this Forum unnecessarily which would have been avoided. So the complaint is to be allowed.
In the result the complaint is allowed, opposite parties 1 &2 are directed to make necessary arrangements of getting the subsidy amount due to the complainant and regularize the LPG subsidy through bank here after. The opposite parties 1 and 2 are further directed to pay an amount of Rs. 1000/-(Rupees Thousand only) towards cost of the proceedings. Order shall be complied within one month from the date of the receipt of this order.
Dictated to the Confidential Assistant transcribed by him corrected by me and pronounced in
open Forum on this the 31st day of October, 2017.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainants:-
Ext.A1 - Copy of Voucher
Ext.A2 - Copy of Gas connection card and refill receipt
Ext.A3 series - Copy of delivery receipts
Ext.A4 - Copy of pass bookSBI
Ext.A5 - Copy of pass book Fedral Bank
Ext.A6 - Copy of delivery receipts
Ext.A7 - Copy of message
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
