BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.
Complaint Case No.: 274 of 2015
Date of Institution : 22.09.2015
Date of Decision : 24-04-2017
Brij Nandan Shukla son of late Sh. R.C. Shukla Shop No. 4, Ambala Chandigarh Road, Baldev Nagar, Ambala City.
……….Complainant
Versus
1. M/s Anand Gas Services, 86-Amba Market, Near Vijay Cinema Ambala City through its Manager Divaker Kumar.
2. District Food & Supplies controller, Ambal City.
3. Territory Manager, Lalru, LPG, Bharat Petrolium Corpn. Ltd., Alampur P.O. Tiwana, Tehsil Derabassi Distt. S.A.S. Nagar Punjab.
……Opposite Parties
Complaint under Section 12 of the Consumer Protection Act.
CORAM: SH. D.N. ARORA, PRESIDENT.
MS. ANAMIKA GUPTA, MEMBER.
Present: Complainant in person.
Sh. K.C. Jain, counsel for the OP No. 1 and 3.
Sh. Sanjeev Chugh, authorized representative for OP No. 2.
ORDER:
Present complaint has been filed by the complainant alleging therein that the complainant is consumer of L.P. Gas vide consumer No. A-7902 with the opposite party No. 1 for the last about 15 years and had been receiving the gas refill supply regularly but for the last one year i.e. from 04-09-2014 the complainant has not received re-fill inspite of his verbal/written requests vide various letters.
The complainant is also consumer of another LP Gas connection in the name of Sh. Vinod Pandey C/o Radha Swami Satsang Bhawan, Subhash Nagar, Baldev Nagar, Ambala City and due to closing of both the premises i.e. house of the complainant and Satsang Bhawan, both the supply of refills have been supplied at the shop of the complainant for the last more than 5 years and at any other time the same Vinod Pandey used to get his refill from the shop of the complainant. It is submitted that due to sudden close of the refill supply the complainant made several requests verbally for supply of both the refills but in vain. Lateron the complainant gave an application to the opposite party No. 1 on 01-04-2015 for supply of refills of both the consumer numbers, again written letter on 13-4-2015 but in vain. On which the complainant wrote a letter to OP No. 2 on 23-04-2015 as complaint against OP No. 1 under Section 3, 5A and 7 of the Essential commodities Act 1955 read with Petroleum Gas order 2000 and Haryana General Distribution Scheme order 2009 and thereafter, the complainant vide letter dated 02-05-2015 filed a complaint to OP No. 3 and requested to cancel Agreement SAP No. 115579 of OP No. 1 for not supplying the LPG Refill to the consumers which an essential commodity now-a-days. On 20-05-2015, the complainant wrote a letter to OP No. 2. On which the OP No. 2 vide letter No. IS-2015/3332 dated 16-06-2015 has intimated that on enquiry it has been told by the OP No. 1 that both the connections are at one address but the complainant has about two LP Gas connections at two different places in two different names as already stated about the supply of both the refills was supplied at the shop of the complainant due to close of both the premises at the time of supply. On which the complainant replied the above said letter dated 16-06-2015. On which an Inspector was deputed who took the statement of the complainant and send his report to OP No. 2. It is further submitted that the KYC of both the connections have already with the OP No. 1 as he has been supplying the refills for the last so many years. As such, the complainant has contended that there is deficiency on the part of the opposite parties. Hence, the complainant through present complaint seeking relief as per prayer clause.
2. Upon notice, OPs appeared through their counsel. OP No.1 filed reply raising preliminary objections qua maintainability, concealment of facts and cause of action. On merits, it is submitted that there are two LPG connections, one under consumer No. A-7902 in his own name i.e. Mr. Brij Nandan Shukla and another is consumer No. A-7857 in the name of Mr. Vinod Pandey at his address i.e. Shop No. 4, Shukla Cycle Works, Baldev Nagar, Ambala City, such type of LPG connections are known as “different name – same address”. Such LPG consumers appeared on the Transparency Portal of OP No. 3 and as per the directions/instructions of the Ministry of Petroleum and Natural Gas (Govt. of India), were required to submit their KYC form before 31-12-2012 to their distributors failing which their LPG connections were to be blocked and the supply of the refills was to be stopped. Since the complainant has got two LPG connections in two different names at the same address, was also required to file the KYC form in respect of both the LPG connections, but the complainant did not submit the said required KYC forms till date and as such said LPG connections were automatically blocked by the system. The OP No. 3 had again conveyed and requested the complainant, vide its letter dated 06-06-2015 to file the KYC form so that supply of the refills could be started. Rest of the contents of complaint have been denied and prayed for dismissal of complaint with costs.
Op No.2 raised preliminary objections qua maintainability of complaint & suppression of material facts. On merits, it is submitted that the Aadhar Card and Bank detail are very essential document in view of the office memorandum dated 19-08-2015 issued by Govt. of India, Ministry of Finance, department of Expenditure, DBT Mission. It is submitted that complainant has failed to fill-up the KYC form in respect of his both connections. Moreover, the complainant was asked to supply Aadhar Card and Bank detail to take delivery of the said gas connection in view of the above said memorandum dated 19-08-2015 issued in the presence of W.P (C) No. 47/2015 tagged with W.P. (C) 494/12-Adherence of the interim orders of Hon’ble Supreme Court; thereby it has been specifically held Aadhar number will be used for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene and LPG distributions scheme and the interim orders are in consonance with Justice Wadhwa Committee report which deliberated the issue of use of biometric to curb diversion and to ensure that the stock under PDS is issued to actual bonafide beneficiaries. But the complainant did not supply the same, thus he is not entitled to take subsidy of gas connection with subsidy. Hence, prayed for dismissal of the complaint.
OP No. 3 raised prel1iminary objections qua maintainability of complaint & suppression of material facts. On merits, the averments made by the OP No. 1 and 3 are corroborated by the counsel for the OP No. 3. Hence, prayed for dismissal of the complaint.
3. In evidence, the counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexure C-1 to C-12 and closed the evidence whereas on the other hand, counsel for OP 1 and 3 tendered affidavit of Diwakar Kumar as Annexure RX along with documents as Annexure R1 to Annexure R8 and closed their evidence and counsel for OP 2 tendered affidavit of Anil Kumar as Annexure RY along with documents as Annexure R2/1 and closed his evidence..
4. We have heard the learned counsel for the complainant and gone through the record very carefully. Counsel for complainant has argued that the complainant is having LPG connection vide consumer No. A-7902 an having another LPG connection in the name of Sh. Vinod Pandey vide consumer No. 7857 but for the last one year i.e. from 04-09-2014 the complainant has not received re-fill as it is stopped by the opposite parties. It is further argued that the KYC of both the connections have already with the OP No. 1 as he has been supplying the refills for the last so many years.
On the other hand counsel for the OPs has argued that there are two LPG connections, one under consumer No. A-7902 in his own name i.e. Mr. Brij Nandan Shukla and another is consumer No. A-7857 in the name of Mr. Vinod Pandey at his address i.e. Shop No. 4, Shukla Cycle Works, Baldev Nagar, Ambala City, such type of LPG connections are known as “different name – same address”. Such LPG consumers appeared on the Transparency Portal of OP No. 3 and as per the directions/instructions of the Ministry of Petroleum and Natural Gas (Govt. of India) as Annexure R1, were required to submit their KYC form before 31-12-2012 to their distributors failing which their LPG connections were to be blocked and the supply of the refills was to be stopped. Since the complainant has got two LPG connections in two different names at the same address, was also required to file the KYC form in respect of both the LPG connections, but the complainant did not submit the said required KYC forms till date and as such said LPG connections were automatically blocked by the system as per Annexure R3 to Annexure R5. The OP No. 3 had again conveyed and requested the complainant, vide its letter dated 06-06-2015 as Annexure R8 to file the KYC form so that supply of the refills could be started. It is submitted that complainant has again failed to fill-up the KYC form in respect of his both connections. Moreover, the counsel for the OP No. 2 has argued the complainant was asked to supply Adhar Card and Bank detail to take delivery of the said gas connection but the complainant did not supply the same, thus he is not entitled to take subsidy of gas connection with subsidy.
5. In view of above discussed facts, we have come to the conclusion that the opposite parties have rightly stopped the supply of refill of LPG to the complainant. So, the complainant is not entitled for any relief and the present complaint is, hereby, dismissed with no order as to costs. Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.
ANNOUNCED: 24-04-2017 Sd/-
(D.N. ARORA)
PRESIDENT
Sd/-
(ANAMIKA GUPTA)
MEMBER
