DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 42 OF 2015
Manoj Thakur,
S/O: Jogendra Thakur,
R/O: Milan Market, OSAP 2nd Bn,Jharsuguda,
PS/ Dist-.Jharsuguda, Odisha……………………..……………. Complainant.
Versus
- M/S Pana Domestic Gas Suppliers,
Kali Mandir Road,Jharsuguda,
- Allahabad Bank, Beheramal Branch,
Dist: Jharsuguda, Odisha…..................................................... Opp. Party.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1 Shri S.K.Sahoo, Adv. & Associates.
For the Opp. Party No.2 Shri S.K.Dash, Adv. & Associates.
Date of Order: 06.01.2016
Present
1. Shri S.L. Behera, President.
2. Smt. A.Nanda, Sr. Member.
Shri S. L. Behera, President : - The brief facts of the complaint’s case is that, the complainant is the consumer of HP Gas under the distributorship of M/S. Panna Domestic Gas Suppliers and have a current account and a saving bank account in Allahabad Bank, Jharsuguda. The complainant had taken gas cylinders from the said distributor on dtd. 16.01.2015, 09.02.2015, 03.03.2015, 11.03.2015, 15.04.2015, 25.05.2015 by depositing the requisite amount but the subsidies amount were not received by him in the said Bank accounts. The complainant requested several times to the distributor and Bank authorities but he has not yet received any subsidy amount hence the complainant filed this case. After receiving notices the O.Ps appeared through their counsels and filed their written versions respectively. The O.P no.1 submitted that as per Govt. norms any consumer is entitled for twelve subsidised cylinders in a financial year where the complainant has taken total sixteen nos. of gas cylinders for the financial year 01.04.2014 to 31.03.2015. The gas cylinders taken on dtd. 15.04.2015 and 25.05.2015 are coming under financial year 01.04.2015 to 31.03.2016 and the subsidy amount of these two cylinders have already been transferred in the said bank account and denied any allegation prayed for dismissal of the case. The O.P no.2 submitted that complainant has both current account and a saving bank account with the O.P no.2. The allocation of subsidy in respect of gas cylinder is within the domain of respective gas company. There is a connection of bank account no. with respective gas company through electronic media. The O.P no. 2 further submitted that there is no role to play by the O.P no.2 in allocation of subsidy in LPG cylinder and denying in any deficiency in service the O.P no.2 also prayed for dismissal of case.
Perused the materials available on records. Heard from both the parties, and gone through the case record. The complainant being a consumer of HP Gas had taken sixteen Nos. of LPG gas cylinders in the financial year 01.04.2014 to 31.03.2015 where there are only twelve subsidised cylinders as per Government norms. For the financial year 01.04.2015 to 31.03.2016 the complainant had taken two Nos. of gas cylinders till the date of filing the case, which is under subsidised cylinders and the subsidy amount has already been paid to the complainant by HPCL (gas company). The subsidy amount provided by the gas company is a beneficiary scheme adopted by the Govt. of India as per its sweet will like giving of free gift by the trader on any purchase. The schemes prepared by the Govt. of India or the State govt. in the discharge of their sovereign function to promote a welfare measure, cannot confer the status of a consumer on the beneficiaries of such scheme. As to our considered opinion those who are availing the benefit of subsidy of LPG Gas are not coming within the purview of the “Consumer” as per Consumer Protection Act,1986.
On the above observations and analysis we are in considered opinion to dismiss the case without any costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 6th day of January’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
A.Nanda, Member (W) S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
