Andhra Pradesh

Chittoor-II at triputi

CC/92/2016

Kanaparthi Jyotheswar Rao, S/o Late Subramanyam - Complainant(s)

Versus

Modern Gas Agencies, By its Authorised Signatory - Opp.Party(s)

G.Ramaiah pillai

11 Aug 2017

ORDER

        

 

                                                                                                                                                              Filing Date: 30-09-2016                                                                                                                                                                                       Order Date: 11-08-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. Ramakrishnaiah, President

                                                                                              Smt. T.Anitha, Member

FRIDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND AND SEVENTEEN

 

C.C.No.92/2016

Between

 

Kanaparthi Jyotheswar Rao,

S/o. Late Subramanyam,

      Hindu, aged about 41 years,

      Residing at 3-623, Peerlachavadi Street,

      Sri Kalahasti,

      Aadhar Card No. 418749371010.                                              … Complainant

 

And

 

1. Modern Gas Agencies,

By its Authorized Signatory,

Bharat Gas Distributors,

1-317, Picchatur Road,

Sri Kalahasti – 517644.

 

2. Bharat Petroleum Corporation Ltd.,

By its Authorized Signatory,

4&6 Currimbhoy Road,

Ballard Estate,

Mumbai – 400038.                                                             … Opposite parties

 

         This complaint coming on before us for final hearing on 28.07.2017 and upon perusing the complaint, written arguments of the complainant and other relevant material papers on record and on hearing of Sri.G.Guruprasad, counsel for the complainant and Sri.B.Sekhar Babu and Sri. P. Narendra Kumar Reddy, counsels for opposite party no. 1 and 2 having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed under Section - 12 of the Consumer Protection Act, 1986 by the complainant complaining the deficiency in service on part of the opposite parties and prayed this Forum to direct the opposite parties  to restore the original customer              Id no.4256 which was in existence from 1992 on which deposit amounts of Rs.500+Rs.450 were made and to cancel the new Id no. 22541570 which was done without the consent of the complainant and further direct the opposite parties to pay damages of Rs.50,000/- for causing mental agony and for deficiency in service and for adopting unfair trade practice to the adverse interest of the customer and to pay Rs.2,000/- towards litigation expenses.

        2. The brief facts of the case are:   The complainant has taken Bharat Gas Connection from the opposite party no.1 in the year 1992 under customer Id no.4256 by depositing Rs.500/- under voucher No.2109168 dt: 30.03.1992 and also he paid Rs.450/- under voucher No.2807618 for additional cylinder and has been getting the gas cylinders from the opposite party no.1 and the subsidy towards gas cylinders was credited to his bank account. Accordingly he received the subsidy of Rs.296.57 on 06.01.2015 and Rs.192.02 on 17.02.2015, Rs.197.13 on 30.03.2015, Rs.211.61 on 08.06.2015 and Rs.218.61 on 24.07.2015 and same was credited in to his account.

        The complainant further submits that in the month of August, 2015 when he booked for the supply of cylinder no subsidy was credited to his account. So he made an enquiry with the opposite party no.1 as he has not opted out or given any consent to forego the benefit under subsidy. The opposite party no.1 replied that BPCL who is none other than opposite party no.2 has not extended the benefits of subsidy to him, hence he registered a complaint on 25.04.2016 under reference no.1248136 and same was informed to the customer care of opposite party no.2 by way of letter dt:26.04.2016 and the matter was being forwarded to the sales officer to resolve the issue. As no action was taken by the opposite parties the complainant registered another complaint on 14.05.2016 to the customer care. In their reply dt: 17.05.2016 they have stated that the matter is already informed to the sales officer and he will sort out the issue soon. But the opposite party has not taken any action to resolve the issue. Then the complainant came to know that without his consent the subsidy for his gas cylinders has been cancelled by the opposite party no.1 and the number of his customer Id no.4256 was replaced by new customer Id no.22541570 without any application from him and he received a message from mobile phone bearing no.9828405904  stating that “Your new connection request ID no. 22541570 has been sent for multiple connection between advised once. It is now clear for release Bharat Petroleum Gas Connection.”

         3.The complainant further submits that he never proposed or opt out subsidy nor he asked for a new Id customer number. Hence without his consent the opposite party cancelled the Id no. i.e. 4256 and issued revised customer Id no. 22541570 and he is not getting subsidy from 20.08.201. Hence, he caused a legal notice on 18.08.2016 calling upon the opposite parties to restore the Id number in the place of new Id number and for subsidy amount for his gas connection. After receipt of the notice the opposite party no.1 sent a reply notice on 06.09.2016 by admitting that the complainant is a customer since 1992 but they do not know whether the complainant has followed under opted out category. However now the opposite party no.1 brought the complainant to subsidy category and he is eligible for getting the subsidy. It is nothing but a vague reply to escape the liability of opposite party no.1. The complainant further stated that the opposite party no.2 failed to take any action or enquire the matter to resolve the problem even after several complaints given by the complainant which is nothing but deficiency in service on part of the opposite parties. Hence, he filed the present complaint.

        4. The opposite parties 1 and 2 came into appearance and opposite party no.1filed the written version and same was adopted by opposite party no.2. In the written version the opposite parties admitted that the complainant is the customer since 1992 bearing customer no.4256 and they have been supplying gas cylinders since 1992 till today. The opposite parties further stated that the Government of India launched a scheme as “Be a proved partner in National Building Programme” in the month of April, 2015. The reason behind the scheme was, who is having sufficient income to pay full cost on cooking gas cylinder, they may OPT out or given it up their gas cylinder subsidy to the Government, which is helpful to the genuine people below poverty line and that those non availing subsidy people become partners to that programme. The option can be availed only by the customers through IVRS, SMS, Website or written representation to the Corporations. Whoever availed that option for Non availing subsidy OPT, the same will be intimated automatically to that customer by way of SMS within a short time.

        5. The opposite party further submits that on 31.08.2015 the complainant has availed the option for Non subsidy Category voluntarily by himself on his own accord and the cylinder was delivered to him on 07.10.2015 as he has not received the subsidy amount into his Canara Bank Account. Then he approached this opposite party and they advise to approach the sales officer of 2^nd opposite party since he is the competent person to give details. Accordingly the complainant approached the opposite party and enquire about the same and they have intimated him that he himself availed the option for Non Subsidy Category on his own accord and also tried to get him into OPT in category, but failed to do so, because once any customer availed opted for non subsidy category that customer has to be await for minimum one year locking period to avail subsidy as per Indian Government Policy. The opposite parties further submitted that as the complainant demanded them to get him into subsidy category, but they have informed that it is not possible to get him into subsidy category, as he has opted for non subsidy category. Because of the good relation between the complainant and opposite party no.1 they promised the complainant that they will pay subsidy amount from their pocket to the complainant whenever he obtained a cylinder. Accordingly they have credited subsidy amount in to complainant Canara Bank account in five challans. The complainant accepted the subsidy amount and said he is very much thankful for the co-operation given by them. But the complainant suppressed the fact even after receiving the subsidy amount from his account through opposite party no.1 and approached this Forum with unclean hands.

         6. The opposite parties further contended that on 06.04.2016 the complainant approached them and given an another letter to bring him into subsidy category and he was advised to change his number 4256 into new customer Id number then only it will be possible to opt in category to avail subsidy. Accordingly they have submitted the complainants profile with customer no.4256 in computer online process and computer online allotted new customer number as 22541570 on 07.04.2016 and same was intimated to the complainant through SMS.  The opposite party further contended that as per the instructions of the complainant only they made new customer number, the complainant will not come under the subsidy category, because there is one year locking period. The opposite parties further contended that after receipt of the legal notice          dt: 18.08.2016 they have given reply notice by informing the complainant that he will came into ‘OPT IN’ category to avail subsidy category. But the complainant suppressed these facts i.e., he opted out for non-subsidy category on his own accord on 31.08.2016, and the opposite party paid the subsidy amount to the complainant and also he himself  given a letter dated 6.4.2016 to avail opted in category for subsidy and the complainant was advised  to change the customer no.4256 with new number.  Accordingly the opposite party submitted the complainant profile in online process and same was intimated to the complainant through SMS and they have change the customer no.22541570 in the place of 4256. Hence it was allotted through online hence it is not possible to restore the original number i.e. 4256 in placed of 22541570. Hence as the complainant received the subsidy amount as the opposite party credited the same in his account and also the complainant has not sustained any loss and prayed this forum to dismiss the complaint as there is no deficiency in service on part of them.

         7. The complainant filed his evidence on affidavit and Ex: A1 to A10 were marked  

on behalf of him and on behalf of the opposite party no.1 one Gedipudi Vijaya Kumar,     S/o. G.Parandhmulu, Managing Partner, Modern Gas Agencies filed his evidence on affidavit and got marked Ex: B1 to B3. Both parties filed their written arguments and oral arguments were heard.

        8. Now the points for consideration are:-

              (i)  Whether there is any deficiency in service on part of the opposite parties   

                     towards the complainant?           

             (ii)  Whether the complainant is entitled to the reliefs as prayed for? If so?         

             (iii)  To what Relief?

         9.Point No (i):-    There is no dispute regarding the gas connection taken by the complainant from the opposite party no.2 under customer ID No.4256 since 1992  because same was admitted by the opposite party no.1. And also the main contention of the complainant is he has been using the gas cylinder from the opposite party no.1 since 1992 till today and also there is no dispute regarding the deposit of the amount of Rs.500/- towards booking of Rs.450/- towards additional cylinder under Ex.A1 & A2. The main contention of the complainant is he was getting the cylinder regularly from the opposite party no.1 and he is getting subsidy towards gas cylinder and same may be credited in his bank account. And also he has stated that he received the subsidy amount from  06.01.2015 to 24.07.2015 and same was credited in his account under Ex.A3, but in the month of August, 2015 the subsidy amount of the cylinder was not credited into his account. Hence, he approached the opposite party no.1 as he has not opted out or given any consent to forego the benefit under subsidy. But the opposite party no.1 stated that Bharath Petroleum Corporation Limited (Opposite party No.2) has not extended the benefits of subsidy to the complainant. Hence he registered a complaint to the opposite party no.2 on 24.05.2016, and on 14.05.2016 under Ex:A4 to Ex:A8 with the customer care, after receipt of the said complaint they have sent the mail stating that, their service manager will resolve the issue. But after repeated complaints made by the complainant they failed to resolve the matter and also the complainant further stated that the opposite party no.1 cancelled his old connection no.4256 and it is replaced by customer no.22541570 without his application from him and same was intimated to him by SMS to his mobile phone from mobile no.9828405904. Hence he caused a legal notice under Ex.A9 to the opposite party no.1 for cancelling old customer Id no. 4256 and the replacement of new Id no. 22541570 and also for the cancellation of subsidy to the complainant. But the opposite parties have not taken any steps to resolve the issue which is nothing but unfair trade practice and deficiency in service on part of the opposite parties.

        The counsel for the opposite party clearly admitted that the complainant is a customer since 1992 and he has been getting subsidy regularly which has been credited to his account and also the complainant he himself opted out his subsidy to the Government on 31.08.2015 on his own accord. But concealing the above said facts to the opposite party no.1 he approached them and registered the complaint to the opposite party no.2. The sales officer of opposite party no.2 enquired the matter and he came to know that the complainant himself on his own accord on 31.08.2015 availed option out for non-subsidy category and also stated that they have tried to bring him in opt in category, but it is not possible to get him into opt in category because, there is minimum one-year locking period as per Government Policy. The counsel for opposite party no.1 stated that in order to maintain cordial relationship with the complainant the opposite party no.1 has deposited subsidy amount in the account of the complainant  from his own pocket and in order to prove their contention Ex: B1 bank challans (5 no’s) have filed and same was suppressed by the complainant and also on 06.04.2016 the complainant approached the opposite party no.1 and gave a letter to get him to subsidy category i.e. Ex:B3 and accordingly the opposite party submitted the profile of the complainant to opposite party no.2 through computer online process and the computer online allotted, the number as 22541570 same was intimated to the complainant through mobile phone. Hence, once the online number is allotted it cannot be changed and the opposite parties rendered their service to the complainant without making any inconvenience to him. Hence there is no deficiency on their part. 

             By perusing the records, filed by both the parties it clearly shows that the opposite party no.1 supplied the cylinders to the complainant without any fail and also as per Ex:B1 the bank challans shows that the opposite party no.1 deposited the subsidy amount in way of cash and same was reflected in the entries in the pass book i.e. Ex:A3  of the complainant. As per the contention of the opposite party no.1 the complainant himself opted out category for subsidy on 31.08.2015 on his own accord and in order to maintain cordial relationship they have deposited the amount and after receipt of the letter from the complainant under Ex:B3 they have processed his application and new number was allotted and brought him into subsidy in category, which clearly shows the bonafides on the part of the opposite party no.1 towards the complainant and the complainant failed to prove on what sort of loss was sustained by him by the service of the opposite parties and they have been supplied the cylinders regularly to the complainant. Hence on those circumstances as the complainant failed to establish his case that there is deficiency in service on part of the opposite parties and we hold that there is no deficiency in service on part of the opposite parties towards the complainant. Hence this point is answered accordingly.

      10.Point No(ii):-  As already the point No:1 is discussed as there is no deficiency in service on part of the opposite parties. The question of entitlement would not arise.       

       11.Point (iii):-   In view of our discussion on points 1 an 2, we are of the opinion that there is no deficiency in service on part of the opposite parties, hence the complaint is dismissed.

          In the result, the complaint is dismissed. No Costs.        

         Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 11^th day of August, 2017.

                                                Sd/-                                                                                                                        Sd/-                                                                                                                                                                  

  Lady Member                                                                                                           President

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Kanaparthi Jyotheswar Rao (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1: Gedipudi Vijaya Kumar (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Carbon copy (Original) of subscription voucher for Rs.500/- issued by Opposite Party No.1 on behalf of O.P.No.2 in favour of Complainant. Dt: 30.03.1992.
	Carbon copy (Original) of subscription voucher for Rs.450/- issued by Opposite Party No.1 on behalf of O.P.No.2 in favour of Complainant.  Dt: 01.09.1993.
	Canara Bank transaction details from February, 2015 to August, 2015 issued by Canara Bank , Srikalahasthi to the complainant. (Canara Bank SB Account Book in Original).
	Photo copy of E-Mail reply from Bharat Petroleum Customer Care on reference No.1248136. Dt: 25.04.2016.
	Photo copy of E-Mail reply from Bharat Petroleum Customer Care on reference No.1248136. Dt: 26.04.2016.
	Photo copy of E-Mail reply from Bharat Petroleum Customer Care on reference No.1278807. Dt: 14.05.2016.
	Photo copy of E-Mail reply from Bharat Petroleum Customer Care on reference No.1278807. Dt: 17.05.2016.
	Photo copy of E-Mail reply from Bharat Petroleum Customer Care on reference No.1287870 to the complainant. Dt: 20.05.2016.
	Office copy of Legal Notice to the Opposite Parties 1 and 2. Dt: 18.08.2016.
	Reply from opposite party No.1 received on 06.09.2016 in Original.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

Exhibits (Ex.B)	Description of Documents
	Challan-Pay-in-Slips(In Original) paid by the opposite party No.1 in account of the complainants SB account (Canara Bank Account Slips 5 in Number).
	Photo copy of Canara Bank Statement of the complainant account, A/C No.5061101000314.
	Letter given by the complainant to the opposite party No.1. Dt: 06.04.2016.

                                                                                                                                

                                                                                                                                       Sd/-

                                                                                                                                    President

// TRUE COPY //

                                                                                                // BY ORDER //

                                                      Head Clerk/Sheristadar, 

                                             Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant,    

                   2) The Opposite parties.